Tag Archives: Hampden Heights North Park

FOR IMMEDIATE RELEASE: FRIENDS OF DENVER PARKS CHALLENGES JUDGE STERN’S RULING

Posted on May 23, 2014 by | 2 comments

Dear Friends,
On May 23, 2014 Friends of Denver Parks, Steve Waldstein, and Zelda Hawkins filed their Motion for Post-Trial Relief. The motion asks Judge Herbert L. Stern III to reverse his previous order granting summary judgment for the City and DPS, and re-schedule the case for trial.
Copies of the Motion and Exhibits are attached. It may be of interest to you that DPS produced a “smoking gun” document in discovery in which both Defendants acknowledged that Hampden Heights North Park is a Park. The document is Exhibit 3 attached to the motion.
Once again, thanks to all of you and to Russ Jones of Benson & Case for his fine work on the brief.
We will see where this adventure leads next. Look for Friends of Denver Parks to continue this fight in the courts, and to launch a ballot initiative to protect all Denver parks in the near future.
Love and courage, John
John Case

BENSON & CASE, LLP

Documents are published here:

May 23 2014 Motion For Post Trial Relief

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Judge rules in favor of Denver over park neighbors in DPS land swap case

Posted on May 8, 2014 by | Leave a comment

By Joe Vaccarelli
YourHub Reporter for The Denver Post

A cyclist crosses a bridge over Cherry Creek along a bike path in Hentzell Park near Hampden Ave in Denver on June 01, 2013. (Andy Cross, The Denver Post)

A Denver District Court judge has ruled in favor of the City and County of Denver in a lawsuit filed by the Friends of Denver Parks over land that the city traded with Denver Public Schools in southeast Denver.

The lawsuit stems from a land swap where the city exchanged 11.5 acres at Hampden Heights Open Space near the intersection of Havana Street and Girard Avenue with Denver Public Schools, which gave the city a building at 1330 Fox St. Denver also gave DPS approximately $705,000 in the deal. The city plans to convert the building into a service center for domestic violence, while construction on the future Hampden Heights Elementary School began in January. Denver City Council approved the deal on April 1, 2013.

Read more of the article by going to http://www.denverpost.com/denver/ci_25709749/judge-rules-favor-denver-over-park-neighbors-dps

Friends of Denver Parks maintains a library of past articles, both written and audio at NEWSLINKS AND ARTICLES

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Motion for Emergency Injunction, Colorado Supreme Court

Posted on March 7, 2014 by | Leave a comment

Dear Friends,
Attached please find copy of motion for emergency injunction with Exhibits 1-18 that we filed in the Colorado Supreme Court on Thursday Mar 6.
The Affidavit of Susan Barnes-Gelt (Exhibit 6), shows that HHNP was designated a park when the 1996 Charter Amendment was adopted.  Also, all Denver parks, including HHNP,  were designated by Ordinance 333 Series of 2010, and the 2010 Official Map and zoning code, which show HHNP and all other designated parks.
The discouraging news is that DPS started pouring concrete and steel structures in the park on March 3.
We will ask Judge Stern to grant summary judgment in our favor next week and stop the destruction of the park.  Please don’t expect a ruling anytime soon.
Trial remains scheduled for May 19.  Our evidence and witnesses are solid.  See Exhibits 1 and 6-17 attached to the motion.
The city will file motions to deny a jury trial and dismiss the case.  I remain confident of a favorable outcome because truth is on our side, and Rule 38 Colorado Rules of Civil Procedure provides a jury trial in all cases involving title to real property (which this is).
Thanks to all of you for your awesome support and continued interest.  Really special thanks to witnesses Susan Barnes-Gelt, Sandy Dennehy, Joan Biggs, Carolyn “Charlie” Gallagher, Dave Norden, Amy Laugesen, Jim Kellner, Charles Bonniwell, and Dave Longbrake.  Their cooperation was amazing.  Their testimonies are included in the exhibits.

John Case
BENSON & CASE, LLP

2014-0306_motion_for_injunction_pending_appeal-final.pdf

2014-0306_ex_1.pdf

2014-0306_exs_2-18.pdf

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