Tag Archives: Judge Herbert L. Stern III

Motion for Emergency Injunction, Colorado Supreme Court

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

Friends of Denver Parks v. City and County of Denver and DPS

Dear Friends,
Attached is our reply brief in the Colorado Supreme Court in support of our Petition for Writ of Certiorari.
When you read the brief (it’s only 11 pages double spaced and written in plain English), you will see that the city turned over a treasure trove of documents in discovery on February 6.
The documents show that HHNP always was considered a designated park – when the Charter was amended in 1955, when it was amended in 1983, when it was amended in 1996, and especially when the city adopted the new zoning code in 2010.
In other words, I am brimming with optimism that we will prove our case and get justice.
To all of you who have worked tirelessly to locate witnesses, donate money for court costs, and help us and encourage us in so many ways, I am truly grateful.
Warm regards,
John Case

Please see document here

John Case given Presidents Award by Inter-Neighborhood Cooperation

John_INC_award_1-30-14_001

John Case receives Presidents Award from Inter-Neighborhood Cooperation President, Larry Ambrose

Inter Neighborhood Cooperation, a Denver organization of 95 Registered Neighborhoods held their yearly Awards banquet and Silent Auction on January 30.   John Case was chosen to be the recipient of the prestigious Presidents Award by INC.  This award is given by the President of INC who chooses an outstanding community member who is works for the community to make it a better place.  John Case has certainly earned this award for his untiring work and support of Friends of Denver Parks to win our right to vote on the disposition of parks according to the Denver City Charter