Lawsuits
Judge allows storm-water drainage project at City Park Golf Course to proceed
DENVER – A Denver District Court judge on Thursday denied a request for a permanent injunction from a group of Denver residents that could have halted the city’s plans to shutter the course for more than a year while it undergoes improvements and while a storm-water drainage renovation is completed.
Former Attorney General J.D. MacFarlane filed the lawsuit last summer, and several residents and Councilman Rafael Espinoza signed on to join the suit.
They had argued that the golf course renovations, which are part of the city’s Platte to Park Hill program the city aims to reduce flood risks in northern Denver, saying the city was trying to use land for purposes it wasn’t intended for, and that the project was actually tied in with the Central 70 rebuilding project.
Denver denied that, saying while the drainage project would help with the Central 70 project, it wasn’t the primary goal.
“If I-70 didn’t happen we would still move forward with this project,” Denver Public Works’ Angela Casias told Denver7 earlier this year.
But Espinoza, who represents District 1, argued otherwise, saying that the council was told the two were tied together. He voted against the fee hike tied into the project.
A judge denied the city’s request to dismiss the suit last November, before more Denverites joined on.
But the council in August signed off on a nearly $45 million contract with Saunders Construction for golf course improvements and renovations. Another contract worth around $7.6 million is related to storm-water work, and a third contract includes additional drainage improvements. The course would re-open in 2019, according to plans.
The plans also called for 261 trees to be removed from the golf course, though around 750 trees will be planted after the project is complete, according to the city.
A hearing on the tree removal had been scheduled for Thursday afternoon, but was canceled after the judge’s decision.
Judge David H. Goldberg denied the plaintiffs’ request for declaratory relief and a permanent injunction, writing “that neither the Denver City Charter, the Denver Zoning Code, nor Colorado common law provides a basis for this Court” to rule in favor of the declaratory judgment. He added that while he believed there were legitimate concerns about the projects being tied together, it wasn’t within his authority to decide.
Aaron Goldhamer, who is representing MacFarlane and the other plaintiffs in the case, said he was disappointed by the judge’s decision in a written statement to Denver7:
“While Judge Goldberg found that—in fact—the proposed project will result in a ‘materially detrimental’ effect on the natural habitat and neighborhood due to the loss of mature trees, and that the large scale regrading of the course may result ‘in detrimental changes to the health of the soil and remaining trees,’ he found that the existing law compelled his deference to the decision of Denver’s Department of Parks and Recreation to proceed with the project,” Goldhamer said. “The Judge also acknowledged the ‘significant detriment’ to Denver residents should the course lose its historic designations, which he acknowledged is a real possibility. Judge Goldberg noted he was ‘loath’ to see the course close, but that his hands were tied under existing law to defer to our elected officials and their appointees. To ensure that Denver’s parks are protected in the future, we may need new laws or new elected officials.”
Goldhamer said the plaintiffs in the case “are evaluating their appellate options.”
Christine O’Connor, one of the plaintiffs, gathered with other neighbors in the courthouse after they learned the hearing had been canceled.
“We’re going to keep fighting for city parks,” O’Connor said. “The thing that’s most disappointing about this is residents like myself have been watching the city chip and chip and chip away at our park system for other uses because it’s free, because it’s available land, but we feel strongly this was not a parks project. It was a public works project to create a diversion for I-70.”
Denver Public Works, however, in a written statement said it was pleased with the decision:
“We are pleased that the Court has agreed with the City’s interpretation of the Denver Charter and Zoning Code and that the City Park Golf Course Redesign project will be able to proceed.
“As the City showed during the trial, harmonizing stormwater management and recreation in urban parks is a best practice that Denver, and cities around the world, are utilizing to create great public spaces that provide a multitude of environmental benefits.
“The City Park Golf Course Redesign Project represents a key opportunity to address the need for increased flood control to protect residents and other property owners in the Montclair Basin and improve water quality while also modernizing and improving the City Park Golf Course for golfers and the community as a whole.”
Nancy Kuhn of Denver Public Works tells Denver7’s Jaclyn Allen that work on the storm-water project is expected to get underway next month.
Colorado secretary of state and ‘Hamilton Electors’ reach deal to expedite case
DENVER – A group of self-professed “Hamilton Electors” has reached a deal with Colorado’s secretary of state to drop him from the lawsuit and to only pursue $1 each in damages in the ongoing litigation.
The electors – Robert Nemanich, Polly Baca and Micheal Baca – filed their suit in August against Williams regarding a Colorado statute that required them to vote for the presidential candidate who won the state’s popular vote in last year’s General Election. Continue reading
‘Underwear Bomber’ sues over alleged mistreatment, force-feedings at Colorado ADX supermax prison
DENVER – The Nigerian man known as the “Underwear Bomber” sued the Federal Bureau of Prisons and Attorney General Jeff Sessions Wednesday in federal court in Denver, alleging his constitutional rights are being violated at the ADX supermax prison in Florence, Colorado.
The lawsuit, filed in U.S. District Court of Colorado, alleges that Umar Farouk Abdulmutallab has been forced into solitary confinement for an undetermined amount of time, that he’s been chastised by other prisoners and guards for being Muslim, and that he’s been force-fed non-halal food when he went on hunger strikes to protest his alleged mistreatment. Continue reading
Cuban immigrant who won pardon from Colorado governor might be released from ICE custody
DENVER – The Cuban immigrant who won a pardon from Gov. John Hickenlooper for an armed robbery conviction that was aimed at helping his deportation case could soon be out of federal immigration custody and free to remain in the U.S.
A Department of Justice immigration judge terminated removal proceedings against Rene Lima-Marin late last week, according to U.S. Immigration and Customs Enforcement. Continue reading
Denver auditor, police department disagree over whether officers working to end racial profiling
DENVER – Denver’s auditor and the Denver Police Department are in the midst of a major disagreement over why the police department has yet to implement the auditor’s recommendations aimed at avoiding racial bias while officers are on patrol duties.
“There is no way to tell if officers are stopping people without bias regarding race, gender or age if officers choose not to document demographic data,” Denver Auditor Timothy O’Brien said Thursday. Continue reading
Man who gave Colorado’s Jack Splitt cannabis oil charged with manufacturing
DENVER – The man who’d been making cannabis oil for Jack Splitt, whose use of the oil to treat his debilitating medical conditions led to the creation of a state law in 2015 to allow the use of certain medical marijuana products in Colorado schools, now faces felony charges for alleged drug manufacturing.
Mark Pedersen, 60, had been providing oil to Jack before his sudden death on Aug. 25, 2016. The boy, who was 15 when he died, had severe cerebral palsy and dystonia. Continue reading
Atheist Delta High graduate sues school, district claiming Christian administrators violated rights
DENVER – A graduate of Delta High School is suing the Delta County School District, its board of education, superintendent, her school and several teachers and administrators over claims they retaliated against her when she said she was atheist, costing her college scholarships and leaving her suffering from panic attacks.
Cidney Fisk, 19, filed the lawsuit in the U.S. District Court of Colorado on Monday.
Now studying political science at the University of Denver, Fisk’s lawsuit claims that the actions of her school and the district cost her other college opportunities.
According to the suit, Fisk was a top student at Delta High. She had a GPA of 4.1, had scored above average on her ACT, was the student body treasurer, a debate team captain, school newspaper reporter and was active in her community.
But during her junior and senior years, Fisk grew wary of several Christian programs operating at the school both during and outside of school hours, and used her position as student body treasurer and newspaper reporter to speak out against what she saw as a violation of the state and U.S. constitutions.
Some of the school administrators and Fisk’s teachers had reprimanded Fisk for voicing her beliefs so publicly, according to the lawsuit. At the end of her junior year, she tried to form a secular student group, but was told by one of her teachers that “the club did not line up with community and school values,” according to the lawsuit.
Fisk and friends had spoken out against an abstinence-only speaker, and when another religious speaker was brought in for a speech in March 2016, Fisk was allegedly reprimanded for asking “pointed questions about his qualifications,” according to the suit.
The Grand Junction Daily Sentinel interviewed Fisk about the speaker, and allegedly received death threats the day before the article was published.
According to the suit, she and her parents reported the threats to the school, district and police, but nothing was done. And shortly after the story went to press, according to the suit, one of Fisk’s teachers dropped her grade abruptly from a 98 to a 70.
“Her grades were changed to F’s almost immediately after the Daily Sentinel article featuring Ms. Fisk was published,” the suit says.
It goes on to say that Fisk was told she was being “highly disrespectful,” and that “she should ‘shut up’ and ‘fake it until she makes it’” if she wanted her grades to go up.
The grade was only raised after “strident and persistent complaints” from her parents, the suit alleges.
She wrote a story for the school paper about the experience, and the suit says the teacher in charge stopped it from being published. The lawsuit also alleges that she was barred from giving a graduation speech because of her beliefs and was denied membership in the National Honor Society.
As the end of high school neared, Fisk started applying for scholarships and to colleges. The suit says she was denied scholarships she should have been granted because school administrators and counselors failed to submit her applications, which had to have recommendations from those same staffers.
It also alleges that Fisk and her parents had to demand that the school’s counselors submit her college applications when they weren’t sent over three days before the application deadline, and that two colleges denied her admittance because of negative recommendations from the counselors.
“The school administration all retaliated against Ms. Fisk for her speech and for expressing her non-Christian beliefs,” the suit alleges.
It says that in summer 2016, Fisk “suffered two anxiety attacks that required medical treatments, including hospitalization, and required psychological attention.”
The suit alleges her First Amendment and 14th Amendment rights to freedom of speech and freedom of religion, via the Establishment Clause, were violated.
It also alleges violations by the school and district of the Equal Protection Clause of the 14th Amendment and a violation of the Colorado Constitution.
Through her attorneys, Fisk is asking for compensatory and consequential damages, punitive damages and attorneys’ fees.
Attempts to reach the district for comment have so far been unsuccessful.
Denver to buy Park Hill Golf Course, could pay $20 million over next 30 years
DENVER – Denver will buy the 155-acre Park Hill Golf Course property and work with Clayton Early Learning to develop a master plan for the area in an agreement expected to be presented to the city council next month.
As terms of the agreement, the city of Denver will immediately spend $10 million on the property as a down payment, then will pay $350,000 each year for the next 30 in a lease-to-own agreement.
That agreement will come with an early buyout provision. If all the payments are made, Denver could end up paying the trust $10.5 million on top of the initial $10 million payment, which would result in $20.5 million being spent on the land.
Between 20 and 25 acres are expected to be set aside for golfing, open space or park space as part of the Platte to Park Hill storm-water program tentatively approved by the city council in mid-August.
What exactly will happen with the rest of the land remains up in the air.
Clayton Early Learning says the community will be able to have more input on what will be put into the rest of the land, and that the city will consider different options that could include retail, residential, recreational, parks or open space use.
The city council will still have to approve the agreement and determine what its role in future development and planning will be.
The tentative proposed agreement has been ongoing since last year, when the George W. Clayton Trust, announced it was considering other options with the land.
Part of the agreement will include the storm-water project, Platte to Park Hill, which is expected to cost upwards of $45 million and still faces a pending lawsuit.
Denver was the initial trustee of the George W. Clayton Trust, which was established in 1899.
Judge denies appeal in Sir Mario Owens death penalty case
DENVER – An Arapahoe County District Court judge has denied the appeal of Sir Mario Owens, who is one of three people on Colorado’s death row, despite finding that prosecutors withheld some evidence in his case.
Owens has been appealing his death penalty sentence and conviction for years, and the ruling by Judge Christopher Munch does not end his state or federal appeals.
He’s been convicted of killing three people in two separate incidents. He shot Gregory Vann to death in 2004, then killed two witnesses in that case in 2005: Vivian Wolfe and her fiancé, Javad Marshall-Fields, whose mother, Rhonda Fields, is the state senator from Aurora.
Owens’ attorneys had argued some of his attorneys misrepresented him. They had also unsuccessfully argued that Owens deserved a new trial because of an allegedly-tainted jury.
Munch found that in addition to Owens’ attorneys’ arguments, prosecutors also failed to show that they’d paid witnesses in the case or gotten favorable prosecution in their own cases, but denied to agree with Owens’ attorneys that extra evidence could have poked holes in the witnesses’ credibility had a new trial been granted.
“The court has considered the prejudice resulting from trial counsel’s errors, together with the prosecution’s and direct appeal counsel’s errors, as well as the alleged juror misconduct, and concludes the errors, when considered cumulatively, are insufficient to warrant a new trial,” Judge Munch wrote.
“Owens is ‘entitled to a fair trial, but not a perfect trial,’ … A fair trial whose result is reliable. … Owens received a fair trial, and its result is reliable,” he wrote.
Federal judge declares Colorado sex offender registry unconstitutional for 3 men
DENVER – A federal judge in Denver on Thursday ruled that the state’s Sex Offender Registration Act violates the U.S. Constitution when applied to three men because it constitutes further punishment beyond their initial jail time and probation.
U.S. District Court of Colorado Senior District Judge Richard P. Matsch stopped short of declaring the full statute unconstitutional, but determined that when applied to the three Colorado men—David Millard, Eugene Knight and Arturo Vega—SORA violated provisions of the Eighth and 14th amendments. Continue reading