O’Connor Vs The Denver Planning Board 15CA0709
The lawsuit was dismissed without reaching the merits by the lower court, and the four plaintiffs immediately appealed. Even though the LRA went ahead with a different zoning application to cover some of the same parcels — and no one challenged that zoning application — it has taken months for the appeal to wind its way through the briefing stage and into the Oral Argument.
This hearing before the Colorado Court of Appeals, is critically important to Denver’s neighborhoods. The City of Denver maintains that only residents within 200 feet of property have the right to challenge a rezoning decision in court. The intent of this appeal of a District Court decision on this matter is what is being argued here by Attorney Greg Kerwin. However, note also that the City Attorney, Ms. Avila, also argues that no “quasi-judicial” decision of the Denver Planning Board can be appealed in court even if members of the Planning Board act arbitrarily or have clear conflicts of interest.
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