Tag Archives: City Park Golf Course

PRESS RELEASE: CITY PARK FRIENDS & NEIGHBORS (RNO) LAWSUIT INFO

PRESS RELEASE: CITY PARK FRIENDS & NEIGHBORS (RNO)
CPFAN Contacts: Maria Flora 303.345.7811 / Bridget Walsh 720.440.3562

Government Secrecy Largely Prevails in MacFarlane et al v. Denver Fight Continues to Save Historic City Park Golf Course (CPGC)

While Richard Nixon could not assert an “executive privilege” to prevent the public from knowing the truth behind Watergate, the City of Denver, is using “deliberative process privilege” to withhold information in City Park Golf Course law suit.

 

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
(people 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 City
sang a different tune, claiming that disclosure of the 7400 pages of emails and documents would somehow chill future candid discussion among city leaders and staff.

The Court relied on the City Attorney’s representation that Plaintiffs have been provided with all final drafts of the withheld documents and didn’t need to see anything else. The Court also sided with the City regarding subpoenas that were issued to proposed contractors for the project. Despite having two proposals in hand from contractors for the planned work at CPGC, neither Plaintiffs, nor the public, will be able to view the proposed plans until the City says so.

However, the Court ruled in Plaintiff’s favor on another discovery issue. The Court ordered that the City—by this Thursday, June 9—revise and expand upon its responses to various Requests for Admission (questions). The more complete answers may provide Plaintiffs with ammunition to demonstrate the unprecedented nature of the City’s proposed use for City Park Golf Course as a component of the Platte to Park Hill storm drain system.
Plaintiffs are grateful for the many contributions, to date, towards legal costs. However, our reserves are dwindling. We need additional funds to cover our costs for this last stretch leading to the August 21 trial date—including the production of exhibits, additional filing fees, process server fees for trial subpoenas and expert witness fees (several experts are donating their time, but Plaintiffs have engaged two “paid” experts).
Attorneys Aaron Goldhamer and Tony Vaida, are counsel of record and are donating their time.
Additional contributions are necessary and will be well-utilized.
There are two ways to contribute:
1. Send a check made out to Keating Wagner Polidori Free, P.C., with “MacFarlane Costs” in the memo line, and mail
to 1290 Broadway, Suite 600, Denver, CO 80203.

2. Go to www.gofundme.com/cityparklegalfund

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Donation Request To Save City Park Golf Course

Dear City Park Friends and Neighbors:

We need your generous help to win the legal battle to save City Park Golf Course.

Why does City Park Golf Course need to be saved?

As you know, the city is proceeding with its plans to “repeal and replace” City Park Golf Course as part of its agreement with the Colorado Department of Transportation to provide drainage for the I-70 lowered highway project.

The golf course will be closed, fenced off, and dirt removed to substantially lower below grade the western end of the park. Trees will be lost and it is likely that the existing clubhouse will be torn down. Then a completely new course will be designed around the drainage facility.

How can we save it?

Since the City Park Golf Course project is only one piece in a very large interconnected series of projects that include local, state, and federal involvement, the best, and possibly only, way to stop its destruction is through the lawsuit initiated by Aaron Goldhamer, representing JD MacFarlane (former Colorado Attorney General).  Recently a number of other neighbors and Council Member Rafael Espinoza have requested to join as plaintiffs.

Why is the lawsuit a good bet?

The City Park Golf Course lawsuit contends that closing the park (City Park Golf Course is a designated Denver park) for 18-24 months and giving it to the Public Works Department to construct a stormwater detention facility violate Colorado common law and the Denver City Charter. Both common law and the Charter protect parks for the public to use for park and recreation purposes. And no park may be leased or sold without a vote of the people (Charter section 2.4.5) and no franchises other than to concessionaires may be granted in parks (Charter section 2.4.6).

We believe that this suit is the right thing to do and that it stands on the right side of the letter and spirit of the common law and the Charter.

How will my donation be used?

Aaron is conducting the litigation pro bono, but he needs our help with funds to pay for expenses related to the suit, including deposition costs, court fees, document production costs, and expert witnesses.   He has asked us to raise $20,000 by the end of this month.  We are calling on every member of CPFAN to help with a donation.

Where do I send my donation and how will the money be held?

Aaron’s firm, Keating Wagner Polidori Free, has established a client trust account for the City Park Golf Course litigation.  Donations can be made:

  • online at GoFundMe webpage Save City Park Golf Course Legal Fund
  • by check made out to “Keating Wagner Polidori Free, P.C. Client Trust Account” indicating in the lower left corner “CPGC Lawsuit” and mailed to 
 Keating Wagner Polidori Free, P.C., Attn: Aaron Goldhamer
          1290 Broadway, Suite 600
          Denver, CO 80203

Please donate today!

Many of you have already contributed.   If you have not yet donated, please do so today.

Thank you!

CPFAN Board:  Hank Bootz, John Van Sciver, Louis Plachowski, Jacqui Lansing, JD MacFarlane, LaMone Noles, Vicki Eppler

P.S.  Don’t miss a bonus opportunity to boost your donation’s value:  Susan Barnes-Gelt will match new contributions to the GoFundMe page up to $2000.  Thank you, Susan!

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