Neighbors fight to save trees ahead of trial involving Denver’s City Park Golf Course

Denver City Council is set to vote on contracts related to a controversial drainage project at the golf course. The work involves a stormwater drainage project and course redesign.

The proposed contracts are on the agenda for Monday, August 14, after the vote was delayed by a week. Councilman Rafael Espinoza requested the delay and sent a letter to Mayor Michael Hancock Friday morning asking him to deny the contracts.
In addition to the video interview by Channel 9, this article also contains a ethics complaint against CW Stacie Gilmore and videos of the LUDI committee and the discussion for a postponement of the contracts surrounding the Park demolition.

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More Interest Park Hill Golf Course

Currently, the land is restricted by city zoning to use as a golf course or open space, Brantley said. That means that any private developer would have to go through a fairly complex and risky process to get anything else done.

The city, meanwhile, already has a legal relationship with Clayton because of the way the Clayton Trust is structured. The city originally acted as the trustee for the assets left behind when George Clayton died in 1899. The golf course previously was agricultural and dairy land, and the government later managed it as a city golf course starting in 1932.

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CITY PARK GOLF COURSE PLAINTIFFS’ RESPONSE TO MOTION FOR SUMMARY JUDGMENT

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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INC PARC Recommended Resolution RE: Acquisition of Park Hill Golf Course

Whereas, Park Hill Golf Course is approximately 155 acres in size and is generally located between Colorado Boulevard on the west, Smith Road on the north, Dahlia Street on the east, and 35th Avenue on the south, and has been operated as a golf course for over 100 years; and

Whereas, contrary to popular belief, Park Hill Golf Course is NOT owned by Denver, but instead is owned by Clayton Early Learning, which is a nonprofit foundation whose mission is to promote early childhood education

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First set of Discover Requests for the City Park Golf Course lawsuit:

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:
DEFINITIONS
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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JUDGE DENIES DISMISSAL OF LAW SUIT REGARDING CITY PARK GOLF COURSE

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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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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