On November 21, 2016 Judge Michael J. Vallejos denied a motion to dismiss a law suit brought by former Attorney General John D. MacFarlane (represented by Attorney Aaron Goldhamer) regarding the the legality of the proposed storm water detention facility at the City Park Golf Course.    The defendants are City and County of Denver; MICHAEL B. HANCOCK, in his official capacity as Mayor of the city of Denver, JOSE M. CORNEJO, in his official capacity as Manager of Denver Department of Public Works; ALLEGRA HAYNES, in her official capacity as Executive Director of Denver Department of Parks and Recreation.

Macfarlane argues that such management project  is “designed specifically to protect a highly-controversial federal highway project and other new construction.” Id. 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.

http://www.denverinc.org/wp-content/uploads/2016/11/2016CV32126.golfcourse.jd_.pdf

On April 4, 2016 Goldhamer wrote Denver City Attorney Scott Martinez “On  behalf of former Colorado Attorney General and my client JD MacFarlane concerning the proposed Denver Department of Public Works (“DPW”) project regarding the engineered detention of water in City Park Golf Course. As you know, that project—if completed—will result in water detention that exceeds the natural detention and filtration which occurs currently in the City Park Golf Course.
Not only will this proposed action entail the destruction of many mature trees, put Bogey’s employees out of work (and possibly require the demolition of the City’s recently-constructed building), and alter the character of a site that was designed by a renowned landscape architect and is listed on the National Register of Historic Places, it will render the City Park Golf Course unfit for use on a not-infrequent basis as the Course fills with untreated storm water. As you may know, there has been significant public outcry concerning the City’s approach to this project, and many have questioned its need and connection to either the planned Interstate 70 development, planned development in the RiNo area, or both.”

Related posts:

June 13 2016

http://www.denverinc.org/former-colorado-ag-j-d-macfarlane-sues-city-of-denver-regarding-placement-of-stormwater-facility-in-city-park-golf-course/

April 6 2016

http://www.denverinc.org/legal-issues-re-proposed-city-park-golf-course-stormwater-detention-project/