On June 5, 2017, the Denver District Court heard arguments regarding the City’s assertion that 220 documents (7,400 pages) should be protected by the “deliberative process” privilege—which stems from the “executive privilege”.
The Court ruled that the 7400 pages should not be handed over to the Plaintiffs
(those suing the city to protect CPGC) in the CPGC lawsuit. The City has repeatedly claimed in public and under oath, that they are committed to transparency and have nothing to hide. However, in court, the Attorneys for the City claimed that disclosure of the 7400 pages of emails and documents would somehow chill future candid discussion among city leaders and staff.
Full response to motion is found here
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Joe Boven, an active participant in the unfolding event, explains, “These citizens are deeply concerned about the proposed use of City Park Golf Course — which is designated parkland entitled to protection under Denver’s Charter — for purposes both contrary to the public good and park purposes.” They are further concerned that the city has hidden its intention to use a recent stormwater drainage fee increase to fund the Platte to Park Hill drainage system. That system proposes construction of a multi-acre stormwater detention facility in the Golf Course to ease drainage concerns and reduce Colorado Department of Transportation (CDOT) expenditures for “The Ditch.”
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PLAINTIFF’S FIRST SET OF DISCOVERY REQUESTS
Plaintiff, John D. MacFarlane, by and through undersigned counsel, and pursuant to C.R.C.P. 26, 33, 34, and 36, requests the following discovery from Defendants:
1. The term “City” refers to defendant the City and County of Denver.
2. The term “CDOT” refers to the Colorado Department of Transportation.
3. The term “Golf Course” refers to City Park Golf Course.
SERVED ONLY: February 20, 2017 11:46 PM
FILING ID: 66E680DB82F17
CASE NUMBER: 2016CV321262
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This case is premised around the alleged construction of an “industrial-level stormwater management project in designated parkland,” specifically Denver’s City Park Golf Course (“CPGC”). Compl. ¶1. Macfarlane argues that such management project (the “Project”) is “designed specifically to protect a highly-controversial federal highway project and other new construction.”
Macfarlane asserts that the Project: 1) violates Denver’s zoning code; 2) violates Denver’s Department of Parks and Recreation (“DPR”) charge of the Denver City Charter; 3) without popular vote, would violate usage restrictions; and 4) is contrary to caselaw interpreting similar dispositions of parkland.
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