This case presents several precedent-setting issues of state-wide importance about the integrity of the local land use planning and quasi-judicial rezoning process, which affect all local government officials and Colorado property owners in zoned communities.
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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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If you attended our Denver INC Zoning & Planning Committee in October then you know that the city is planning on creating new Neighborhood Plans for the entire city over the next 8 – 10 years.
There are also multiple articles written, in our local newspapers, about the initiative. Take a minute to review the slide show presented by Alex Forrester
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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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The suit alleges that the planned project—which will be funded by a large stormwater fee hike being considered by Denver City Council tonight—is designed to protect and shift the burden of paying for stormwater protection for I-70 and other public and private development from the builders onto Denver’s ratepayers. Mr. MacFarlane also alleges that the project’s use of designated parkland is not for park purposes and therefore contravenes the Denver City Charter, the Denver Zoning Code, and common law governing the municipal use of parkland.
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INC has long championed Denver’s sidewalk issues. As early as 2006 Delegate Mary Meyer reported to INC that “Major issues with sidewalks include clarity and enforcement of regulations, installation and maintenance, and funding”
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Open Letter from Brad Buchanan, Executive Director of Denver’s City Planning & Development, following his meeting with INC in May. Please click on the following link to see the letter. Download the PDF file . 113 total views, no views today … READ MORE
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