Residential project is rising near Crestmoor Park, but opponents plot last stand in Colorado Supreme Court

Judge Daniel M. Taubman wrote that “competent evidence in the record supports the City Council’s rezoning decision such that the neighbors have failed to rebut the presumption of integrity, honesty and impartiality in favor of the City Council’s decision.”

Kerwin has cited Councilwoman Mary Beth Susman’s frequent e-mail correspondence with Metropolitan lobbyist Sean Maley before the vote. But Taubman’s opinion echoed the earlier district court ruling in noting that Susman asserted her impartiality several times and ultimately voted against the rezoning.

This week, Kerwin said in response to the latest ruling: “The developer and its lobbyists controlled this rezoning process, and city officials admitted in court that the Planning Board and City Council do not consider traffic and parking problems when evaluating a proposed rezoning.”

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Former Colorado AG J.D. MacFarlane Sues City of Denver Regarding Placement of Stormwater Facility in City Park Golf Course

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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