Tag Archives: JD MacFarlane

UPDATE:TRIAL TO SAVE CPGC FROM DESTRUCTION DAY#2

Another big thanks to the crowd (somewhat smaller, could use some new faces Wednesday or Thursday!) who sat for parts of the J.D. MacFarlane vs. City & County of Denver trial today!  We will start Wednesday at 9 am, 1437 Bannock, Courtroom 269.

Plaintiffs’ Attorneys Aaron Goldhamer and Tony Vaida continued to present the Plaintiffs’ case Tuesday in Judge David Goldberg’s Courtroom.   Tuesday’s first witness  — put on the stand as part of the Plaintiffs’ case — was Director of Parks & Recreation Happy Haynes, and she was asked numerous tough questions about her knowledge of parks’ policies such as the 2001 City Park Master Plan which recommends Preservation for all of City Park, including the City Park Golf Course.  Aaron Goldhamer spent considerable time asking Ms. Haynes about the purpose of the proposed Stormwater Project, about Park Purpose in general, about negative impacts of the project, and whether she knew of any Denver park that had been closed in its entirety for a considerable length of time to install a regional storm water detention facility. He also pressed her as to why she did not allow the Parks & Recreation Advisory Board hold a vote on the Platte to Park Hill project.  This editor is not 100% sure, but believes Ms. Haynes did agree that helping CDOT with its highway construction support is not a park purpose.  Additionally, Ms. Haynes opined about replacing the “lost” trees with the City’s tree canopy program which can replace “lost” trees (did you know all the trees chopped down in one fell swoop will be considered a “loss”?)  with new trees at parks around the ‘hood.  She believes replacing only 42% of the canopy at the course itself is a “robust” replanting of trees.

Councilwoman Ortega testified briefly about the evolution of this drainage project to $298Million, that the rate increase was an unusual size, her concerns with passing an IGA without dealing with protection of Globeville at the same time, and the fact that the IGA directly ties I70 together with the Platte to Park Hill Project.  Bruce Uhernik, an engineer with public works testified about the 2014 Storm Drainage Master Plan, admitting that Platte to Park Hill was not included in that last-approved storm drainage plan, but stating that parts of the statements in that plan are really not correct because they work in some conditions but not for the Montclair and Park Hill Basins.  Chris Proud, who was Happy’s right-hand man to provide her with information about the project, also testified at length about his emails to the “team” his expressing concerns, saying that “at the time” the City really didn’t have an understanding about what the impacts of taking City Park Golf Course might be, and he wanted the team to take these into consideration.

Lastly, we heard from two of Plaintiffs’ experts, including Adrian Brown, the engineer many of you have seen in videos explaining the risk of Globeville Landing Outfall project.  Attorney Tony Vaida led Adrian through his testimony, the Plaintiffs “rested” their case. That means Plaintiffs were finished presenting.

At that point the City Attorney asked the Court to issue a Directed Verdict in favor of the City.  In other words, the City argued that based on what had been presented, there was not enough for the trial to move forward, and the trial should be ended  The Judge laid out the law about issuing Directed Verdicts, and then issued a finding that Plaintiffs had presented enough evidence to establish a “prima facie” case and that the trial would continue.

The next two days belong to the defendants to put on their witnesses.  They will put Bruce Uhernik and Happy Haynes on again tomorrow.

Thanks to everyone for the great support. Hope to see a few of you for part of the day tomorrow.  Even if you can only drop in for an hour, it is appreciated.

33 total views, no views today

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

1,489 total views, 1 views today