NEWS RELEASE

For Immediate Release Denver, Colorado June 13, 2016

Contact: Aaron Goldhamer Phone: 303.785.1695Email: agoldhamer@joneskeller.com

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

Former Colorado Attorney General, J.D. MacFarlane, represented by attorney Aaron Goldhamer, has filed suit in Denver District Court seeking declaratory judgment and injunctive relief concerning the City of Denver’s planned installation of a large scale storm water detention facility in City Park Golf Course, which is designated parkland.

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.

“The I-70 expansion is troubling in and of itself, because expanding a highway in heavily Hispanic and working class north Denver neighborhoods worsens environmental and social injustices. The City’s planned misuse of designated parkland—which has met significant public resistance—at tremendous cost to Denver stormwater ratepayers to benefit the I-70 project and other construction adds further insult to injury,” Goldhamer said.

Mr. MacFarlane’s Complaint alleges that the City’s own planning documents demonstrate that the City had not, in the past, planned projects for 100-year storm event protection—like the one contemplated for City Park Golf Course. This 100-year storm event protection is required for interstate highway projects. The Complaint alleges that this concentration of resources—which will only protect areas north of 39th Avenue from 100-year storms and leave much of north Denver still vulnerable to flooding even in lesser events—will detract from Denver’s ability to address needed stormwater management projects throughout the rest of the City.

A copy of the Complaint should be publicly-available at the Denver District Court shortly and is attached hereto. Goldhamer has contacted the Denver City Attorney’s Office, which declined to waive and accept service of the Complaint on behalf of Defendants but has received a courtesy copy. Following service of the Complaint, which is pending, Defendants will have twenty-one (21) days to answer or otherwise respond to the Complaint.

MacFarlane v. City — Complaint (00829318xAF54A)

Exhibit 1 to Complaint (00829280xAF54A)