On Friday May 2 Judge Stern granted judgment for the Defendants City and County of Denver and Denver Public Schools. A copy of Judge Stern’s Order is attached.
There will be no jury trial on May 19. All witnesses are released from their subpoenas. DPS will continue to build the new school in what used to be Hampden Heights North Park.
First, I want to thank everyone who supported the effort to save this beautiful open space park. Hundreds of people contributed their time, talent, and treasure, and there is not space to personally thank everyone. I want to specially acknowledge the plaintiffs Steve Waldstein, Zelda Hawkins, and the board members of Friends of Denver Parks, Inc., Renee Lewis, David Hill, Shawn Smith, and Judy Case, who never gave up; Maggie Price, who created and manages the Friends Website; KC Keefer, who donated the film “Hampden Heist;” witnesses Wellington Webb, Susan Barnes-Gelt, John Bennett, Neil Sperandeo, Susan Baird, Jim Kellner, Amy Laugesen, Dave Longbrake, Dawn Mayo, Dave Norden, Joan Biggs, Sandy Dennehy, Charlie Gallagher, Willis Carpenter, and Tom Noel,; my law partners and faithful staff at Benson & Case; Bob and Nancy Stocker, Kathleen Wells, Dave Felice, Brad Cameron, Joe Halpern, Mary Ewing, and all the volunteers who gathered signatures for the referendum petitions that the city refused to count; Larry Ambrose and the dedicated members of INC who supported and honored our efforts; Wendy Warner and Ed Hall, chairpersons of the Denver Republican and Democratic parties, who passed resolutions condemning the city’s actions; Chuck Bonniwell, who provided expert testimony about Denver’s acquisition of land for recreation along Cherry Creek in the 1930’s, and gave our effort media coverage in the Cherry Creek Chronicle; Jennifer Doran and Pam Quigley, who researched and copied newspaper articles about the flood of 1933 and the city’s acquisition of parcels of land along Cherry Creek at the Denver Public Library and Colorado History Museum; Joe Marisco, who spent six days at the clerk and recorder and assessor’s offices in Arapahoe county, copying deeds to parcels of land along Cherry Creek that the city acquired in the 1930’s; Richard Hentzell, Bill Stanfill, Dick Laugesen, Laura and Linda Gravina, and all of the financial donors who so generously provided funds for petitions and court costs.
Second, I am pleased to announce that Friends of Denver Parks will appeal Judge Stern’s decision, because we believe it is an injustice that the people of Denver were not allowed to vote before their park land was taken. We will post news of the appeal on the website.
Third, in the near future Friends of Denver Parks will launch a ballot initiative to protect all remaining Denver parks from sale. We want to make sure that what happened here does not happen again.
Thanks again to all of you for your generous help and support.
BENSON & CASE, LLP
Court Document can be found here