News & Events




February 2, 2014 Update:
Be sure to watch the Public Comments at the last City Council Meeting (1/27): http://www.lakewood.org/CouncilVideos/
Citizens spoke about the court ruling (we won in case you haven't already heard!), the city's news release in response to the court ruling (which contained inaccuracies), and other topics related to the 2090 open space property.
In addition, we received more press on Page 5 of the January 30th Lakewood Sentinel:  http://lakewoodsentinel.com/e-edition/

January 25, 2014 Update:
More press:  http://lakewoodsentinel.com/stories/Coalition-wins-2090-case,142065?

January 23, 2014 Update:
Here is our latest press release.

Judge rules 2090 S. Wright St. is owned by Lakewood to be used as park/open space
 
Last Thursday, Judge Enquist of the Jefferson County District Court ruled that 2090 S. Wright St. is owned by the City of Lakewood and must be used as park/open space.  The land cannot be developed, sold, or leased without a majority vote of the citizens.
 
“This is a tremendous victory for the people of Lakewood, but not a surprise;” said 2090 Coalition Co-Chair Heather Wenger.  “We knew from our research into City documents that this land belongs to the people of Lakewood and was intended to be used as a park or open space.”  
 
The court unquestionably did the right thing by recognizing the facts and the original intent of the developers and the City of Lakewood.  The court’s ruling caps a two-year battle in which concerned citizens challenged the Jeffco school district claim that they owned the property. Citizens appeared before the City Council to request that the city fight for ownership and preserve the land’s open space status, only to be voted down by Mayor Bob Murphy and seven Council supporters. 
 
When the citizens responded by gathering more than enough signatures to bring the issue to a vote of the people, the City’s leadership quietly tried to disclaim the City’s interest as part of a quiet title suit brought by the Jefferson County School District.  
 
The court’s ruling showed that the City leadership lacks the legal authority to give away this property without a vote of the people.  The court ruled The City was given and accepted a Common Law dedication of this property in 1973.  Any right the District had to this property was rendered null and void in 1981.
 
Additionally, the judge found that a key document, the January 1, 1977 deed to the City, was altered after litigation commenced.  Sanctions are pending against the City and District for their actions. 
 
The public trust was broken by the City of Lakewood and Jefferson County Schools.  The City spent over $175,000; Jeffco School District spent over $250,000.  “We sincerely hope that the City and District begin the process of rebuilding this public trust by exhibiting integrity and accepting the judge’s ruling,” concluded Ms. Wenger.  “It is time for taxpayer money to be spent on children and families rather than fighting citizens in court.”


January 20, 2014 Update:
A press release went out on Monday to several news agencies and here is a link to the first article that has been written:
http://www.denverpost.com/news/ci_24952204/judge-rules-lakewood-must-ask-voters-ok-develop
Please read and consider leaving a comment.

1/18/14 Update:
We Won! See legal page for details.


11/26/13 Update:
Latest fallout from the trial!

http://completecolorado.com/pagetwo/2013/11/26/councilman-claims-lakewood-city-council-meetings-just-a-pr-show/

Please go read it and know that the word is finally getting out as to why we and every other neighborhood group approaching council with concerns and questions felt so unheard at every single meeting over the past nearly 2 years.  Our taking this issue all the way to trial is going to have profound, widespread and lasting ripple effects on our city government, and therefore our fellow Lakewood neighbors. 

Last night for the first time during this administration, the council appeared to listen to the community, rescheduled a previously cancelled study session, and moved up the timetable to vote on the group home setbacks and notification issue.

Great work again everyone!

11/25/13 Update:
Yankee Candle Fundraiser!

Don't miss out on this wonderful opportunity to support open space and get some wonderful candles or accessories for yourself or holiday gift giving.
A whopping 40% of the proceeds go to the HBG Neighborhood and Community Organization to pay for our ongoing legal costs.
Go to: www.yankeecandlefundraising.com and enter the following group number 990049460 in the "Start Shopping" box (disregard seller id)
and then click "start shopping".

11/23/13 Update:
Completing the trial 2 weeks ago was an AMAZING accomplishment!

The City and School District attorneys' began holding their heads in their hands, nodding along with our attorney's statements, and reverting to old arguments they had previously given up on as we came up with better evidence and more complete legal theories at every turn during the trial.  They also began making silly arguments, like the Campbell's and Quinkert's should have checked who owned the property when they bought their homes, which was before Green Mountain Inc transferred the property; so that one was a laugh!

We all know that this has been a VERY long road...
Starting with the formation of the 2090 Coalition, attending endless meetings at City Hall with the most comprehensive presentations I'm sure they've ever seen, through a referendum that blew everyone's expectations out the window, and finishing strong with the greatest evidence (their own that they never researched) and legal theory (the law at the time) presented by our wonderful attorneys Jo Timmins and Elliot Fladen.

Thank you each and every member of this mighty and vast coalition who has been involved either at some point, or every point of this journey, either through volunteer and/or monetary contribution.  We wish you a very happy Thanksgiving. 

We may not know anything from the judge for another week, two weeks, month, or even several months. While the judge attempted to take notes thoroughly throughout the trial, Jo gave her yet another legal lifeline the last day of trial to seal the deal on the acceptance of the land via the 1973 ODP, and no formal rejection via ordinance of the 1st deed of 1977 due to the state statutes Lakewood was ruled under during that time-frame.  A delay means nothing at all.  Criminal cases take precedence and the judge will be researching all aspects presented more thoroughly before writing her opinion/making her ruling. We do need to celebrate this step's completion. If anyone has ideas, please toss them out.

Additionally, we are short about $5000 to the attorneys and need to start raising funds for the likely appeal the City's litigator told the court was coming if this was decided in our favor. Any donations to help finish paying the current attorneys for the amazing work they did and start the funding for the likely appeal will be MUCH appreciated. We could not have done this without our wonderful attorneys!


11/9/13 Update:
Quiet Title Trial Came to a Close on Thursday!
Judge Enquist did not give a verbal judgement today but will instead write a judgement order as soon as possible.

Monday and Thursday focused on the ownership of 2090 S. Wright St. Many people testified and the evidence that was entered into the record was quite large. Our attorneys were very prepared and presented a strong case as to why the City of Lakewood is the rightful owner of 2090 S Wright St.

In the closing arguments, the City Attorney Wilson argued to reject the ODP, Common Law Dedication, signs, lawn mowing and "park" use. He also said the statute of limitations had run out on challenging the 2nd 1977 Deed and you can't remedy the mistakes from 1977 now. It's just been too long.

The school district's attorney argued that the first Deed wasn't accepted by the City and a couple of statutes they said were relevant and that it was too late to use the ODP from 1973. The Judge quieted the attorney again by asking "why was the 2nd Deed from 1977 not subject to the ODP...you're telling me that a title with restrictions isn't restricted?".

The oppositions arguments were the same arguments we have been hearing for the past several months.

Our attorneys, on the other hand, introduced a statute that shocked the opposition!! It is a State Law that requires the City to enact an ordinance to reject a Deed. This means the City still holds the only valid Deed to 2090 S. Wright St. from January 1st, 1977, since they never enacted this ordinance. In short, the City never really gave up the first Deed.

Stay tuned to our Facebook page to find out what happened on Wednesday, and to read a whole host of additional information.


11/3/13
Quiet Title Lawsuit Going to Trial!
The Quiet Title lawsuit is officially going to trial after Judge Enquist declined to pass a summary judgment this past week. The Trial starts at 8AM Monday November 4th in Courtroom 4D at the Jefferson County Courthouse in Golden. It will continue as needed the next 3 days starting at 8AM each day. (Update: Thursday November 7th the Trial Starts at 8 AM) The trial is open to the public and we encourage you to attend, if possible.

We made it to trial...now let's WIN it!!!!

Please continue sending in Donations to help pay for the Trial. Thanks to ALL who have supported and worked on this huge issue. It has been an arduous path...but we are confident of victory!

10/31/13
More press!
Grassroots Radio, http://grrc.podomatic.com/, our segment starts at 23:30, ends at 44:00. 
Click on the PLAY button to the left of Grassroots Radio Colorado October 28th Hour 1.
 

Lakewood City Council
A group of us attended the City Council meeting on Monday, October 28.
You can watch the speech at
 http://www.lakewood.org/CouncilVideos/, starting at 1:00:15, ending at 1:12:00
with the mayor doing his typical brush off about this being settled in court as we have always wanted.


10/26/13
More press!
 
http://completecolorado.com/pagetwo/2013/10/25/judge-in-lakewood-case-incensed-over-altered-deed/

Lakewood Land Dispute Over 2090 S. Wright St. Could be Headed to Trial

Battle Move to Courts


10/21/13 Update:
Thank you to the dozen or so supporters who made it to the court today!  The hearing on our Motion for Summary Judgment was heard today by Judge Enquist at Jefferson County Court.  Unfortunately, we have no definitive answer today, but we anticipated that being a distinct possibility.  Although the facts are what they are, the interpretation of those facts is in dispute.

Positive aspects of today’s proceedings are that the judge has an excellent understanding of the law and facts.  She seemed impressed with our attorneys’ completely thorough preparation and knowledge of facts and law, and their presentation of such knowledge.  The most important question, of the two she asked our attorney, was how exactly she could put the legal deed in the City’s hands according to the law.  Our attorney answered this competently and succinctly citing the race-notice statutes and other law.


Additionally, the judge was very critical of the city and district’s knowledge of the altered deed, and presentation of that deed to the court as “authentic”.  She was very concerned that they had not taken responsibility for either the alteration or the presentation, and that they left it to the Intervenors (HBG Neighborhood Organization – us) to notify the court of both misrepresentations.  That they led the court to believe for months that this deed was authentic, even after we pointed out the problems, appeared to be very troubling to the judge.  The district finally said it accepted responsibility for the misleading of the court.  The city never actually admitted to it; instead they talked around their responsibility by stating that we had a copy of an original in our possession for a year (that we found), so we should not be concerned with this action. 


The judge had numerous questions for the district and the city regarding their claims and evidence (or lack thereof) to back up their claims.  The district, very sad to say, stated it had no knowledge of their 2008 and 2009 Land Holdings and Vacant Land Summary Reports that they posted on their website.  The attorney was a new attorney on the case who apparently had not prepared extremely well.

The fact that the judge was unable to rule definitively and immediately today shows that she thinks there is a very plausible chance that the City owns the property.  Therefore, the City’s statements that this case would have been “frivolous” to get involved in is, once again, shown to be an inaccurate portrayal of facts to its Citizens and Council, and an apparent attempt at a scare tactic.  This case is most indeed NOT frivolous.

While we hope for a decision based on the hearing today, it is less likely that the decision will be appealed if we go through the trial scheduled for November 4-9.  We anticipate that the judge may prefer to take this route.  Please mark your calendars to attend on at least one of these days to show the wide ranging support of the community
.

The City’s and School District’s continued fight is your tax dollars at work, folks.  Let’s make some noise.  Write an article.  Find out how to volunteer for candidates friendly to our cause. Make a donation. Print out this update, take it to a neighbor and ask them for a donation.

10/31/13
More press!
Grassroots Radio, http://grrc.podomatic.com/, our segment starts at 23:30, ends at 44:00. 
Click on the PLAY button to the left of Grassroots Radio Colorado October 28th Hour 1.
 

10/20/13 Update:
Great news! We received more press this week!
The Complete Colorado's Todd Shepherd wrote a well researched article.
Make sure to post your comments because the more comments posted, the more likely this story will get news channels interested.

Additionally, we presented another speech at the city council meeting last Monday. The speech starts at 22:00, and ends at 33:00.
Mr. Tom Stocker, a Land Use Attorney also spoke expressing his own opinion on the 2090 situation. He starts speaking at 33:30, ends at 37:10.

A hearing on our Motion for Summary Judgment occurs Monday, October 21 at 8:30AM in Judge Enquist's court at the Taj.
Please come if you can!

And, if you really want to get into details, you can preview the city's position by watching two of their five attorneys talk to council at the same link as above. Mr. Cox starts speaking at 47:30, ends at 57:00; and Mr. Wilson speaks between 57:00 and 80:00. What you need to know if you watch this is that NONE of their arguments were new to those of us who have read all the documents and talked to the attorneys. 
If you reread our Motion for Summary Judgment, you will see answers to every argument they bring up.

Interesting comments regarding legislative rezoning and its effects with group homes speeches run from 37:30 to 47:00. An attorney informs the council of the problems inherent in the wide rezoning package. Of course, Councilor Wilson's response is that the council will revisit the package in six months, which is approaching, so we have an option then to make our voices heard. Problem is, what happens to the neighborhoods who have been harmed already? Seems like a bass-ackward way to do business - let the harm be done, then work to correct it later - exactly what we were concerned about last December.


10/16/13

The Quiet Title lawsuit is officially going to trial after Judge Enquist declined to pass a summary judgment this past week. The Trial starts at 8AM Monday November 4th in Courtroom 4D at the Jefferson County Courthouse in Golden. It will continue as needed the next 3 days starting at 8AM each day.  he trial is open to the public and we encourage you to attend, if possible.

We made it to trial...now let's WIN it!!!!

Please continue sending in Donations to help pay for the Trial. Thanks to ALL who have supported and worked on this huge issue. It has been an arduous path...but we are confident of victory!

11/3/13

We Need Your Help to Pay our Ongoing Legal Expenses Related to Fighting Both the City and Jeffco Public Schools

Martin Cleaning (formerly Eri-Mars) in Denver, Colorado will clean your carpets and donate 50% of the proceeds back to our community to help defray our legal costs.  Give Martin Dominguez a call at 720.298.8610 and get your carpets in tip top shape before the holiday season.
Be sure to mention 2090 S. Wright St. when you call. 
For example:
Cleaning the carpets in a Hutchinson model 3A costs on average around $160.
Be sure to request a quote so you know exactly how much it will cost to clean your carpets up front.

And please see our Take Action page for other ways you can financially support our cause and help protect open space.


10/13/13

Since the last updates discussing the altered deed and the school district's disclosure of a document that proved the district was aware of the original deed to the City, a hearing on the Motions for Summary Judgment has been set. 
Please mark your calendars for Monday, October 21 at 8:30AM
and plan to attend.

Location:  Judge Enquist's court inside the Jefferson County Courts (the Taj). 

Recent Articles that are worth a read and a comment:
A your Hub article posted by our own Tamara McGaha,
outlining the distressing comments and actions of council members during last Monday's meeting.

And here is another article by a Lakewood citizen that is worth a read: 
http://yourhub.denverpost.com/opinion-malfeasance-in-lakewood-city-council/

And finally, click the link below to read this well written op ed piece by journalist and Ward 5 candidate Gunner Gunstanson. 

http://blogs.denverpost.com/opinion/2013/10/11/why-is-lakewood-spending-thousands-to-give-away-1-million-of-park-land/41839/

Lastly, there have been a few requests for further explanation as to why exactly the City's deed is the winning deed since it was not recorded, and Jefferson County Public School's deed was recorded.  Indeed, this is a legal conundrum and a reason banks insist on title insurance before loaning you money to buy any piece of property!  The long legal answer can be found in our Motion for Summary Judgment and Expert Witness opinion posted in the 9/22/13 legal update found here:  http://www.2090coalition.com/Legal.html#Sept2013. 

For those who want a quick and dirty explanation, it actually can be found in simple English here, thanks to Wikipedia.
The important excerpt follows:

Race/notice statutesUnder a race/notice statute, a subsequent purchaser for value wins if (1) at the time of conveyance, that subsequent purchaser had no actual or constructive notice of the prior conveyance, and (2) the subsequent purchaser records before the prior purchaser. In short, a subsequent purchaser in good faith wins only if he records before the prior purchaser does. In this type of system, if Oscar purports to sell a piece of land to Al for $100,000, and the next day purports to sell exactly the same piece of land to Bob for another $100,000, then Bob will own the land only if he was not aware of the prior sale to Al,and if Bob actually records his interest before Al does. 

[Oscar is Green Mtn. Inc, Al is the City of Lakewood, and Bob is Jeffco Public Schools.]

Two things were required for Jefferson County Public Schools deed to deem that the 2090 property belonged to the school district
according to the Race/Notice Statutes:

1. NO knowledge of the prior conveyance of the land to the City of Lakewood AND 2. Recording their deed.

Jeffco recorded the deed which fulfills requirement #2, but HAD notice, as evidenced by the last piece of information the district finally turned over (http://www.2090coalition.com/uploads/1stDeedAndLetterFrJCSD.pdf),
which means that the CITY of LAKEWOOD is the owner of the 2090 S. Wright St. property.

10/5/2013
Jefferson County Public Schools submits two critical documents to the court in the 11th hour!
The School District disclosed two documents to the court on Wednesday (9/25) that demonstrate that the school district has known all along that
the City of Lakewood was the rightful owner of the 2090 S. Wright St. property.
Document 1:  An April 1977 letter from the school district acknowledging that the property was conveyed to the City of Lakewood.
Document 2:  A copy of a January 1977 deed to the City of Lakewood which pre-dates the September 1977 deed to the school district that the district is trying to rely on.
By law the earlier deed is the controlling deed since the school district knew of its existence.
It does NOT matter that it was not recorded according to deed law.

Click here to see the letter and deed* for yourself.
What more is it going to take for the School District to settle this case and for our City leaders to stop trying to give away our land?

*Poor quality reproduction.

A Reminder about our Fall 2013 Yankee Candle Fundraiser!

A whopping 40% of the proceeds go to the HBG Neighborhood and Community Organization to pay for our ongoing legal costs.
Go to: www.yankeecandlefundraising.com and enter the following group number 990049460 in the "Start Shopping" box
(disregard seller id) and then click "start shopping".


10/3/2013
The turnout and support at City Council Monday night were amazing!
Thank you to the 15 or so people who attended  and 7 who spoke- your presence was noted. 
We got MAJOR kudos on the speeches/presentation from a variety of people, and although the mayor had his last word while we were there,
the budget presentation followed, and our issue made waves again.
 

The City wanted to pass a new budget, and a few councilors ASKED QUESTIONS!  Like how much the City has spent on their attorneys dealing with this case.  The mayor and his followers on the council blew them off stating that had nothing to do with the budget.  Mind you, we estimate the City to be approaching or surpassing the $250,000 figure on attorneys' fees for the 2090 property since 2011.  The concerns about the cost of this lawsuit were dismissed by Mayor Murphy and his followers on the City Council, but the cat is out of the bag about the cost of the City's legal fight against us and the questionable authority the attorney's office has to pursue this case, since it is very clear now that the City owns this property.
The video can be found here:
http://view.earthchannel.com/PlayerController.aspx?&PGD=lakwdco&eID=155 
Our group begins our presentation at 20:00, ends at 39:00; Questions about our issue in relation to the budget start at 52:30, ends at 62:00.

09/29/13

A belated and much deserved public THANKS goes out to
all the business owners who participated in our
Pennies for Parks
fundraiser!

Please consider supporting the businesses that have supported us!  

Beekman Fine Art & Design, Blossoming Mind*, Coca Cola Bottling (Denver), Colorado Railroad Museum, Day of Discovery, Denver Myofacsial Release*, DWS Scudder (Mutual Fund Co), Enstrom Candies, EveryBody Massage Therapy, Frontroom Pizza, Great Harvest Bread, Jamba Juice, Lee Springer Originals, Little Kettle Korn, Lonestar, Lynn Wargo Fused Glass Art, MiShi Design, Nick’s Café, Paciugo, Papa John’s (Green Mountain), Reddy Ice, Samuel Prien Originals, Smokey J's, BBQ, Sunlight Etchworks, Swiss Flower Shop*, The Choralary, Well Beings Chiropractic, Wild Birds Unlimited, Willows Floral*, Zahn Financial Services, Inc.*

Our apologies if we missed anyone.  Contact us and we'll be sure to get your business name added.
*Indicates a direct neighborhood connection.



09/28/13
Announcing our Fall 2013 Yankee Candle Fundraiser!
Our Spring 2013 YK fundraiser was such as success we have decided to hold a second fundraising event with Yankee Candle.
A whopping 40% of the proceeds go to the HBG Neighborhood and Community Organization to pay for our ongoing legal costs.

This time around there are no catalogs to distribute, checks to write or orders to gather, as Yankee Candle now offers online ordering and shipment directly to the customer's address of choice.  This also means that ordering is no longer limited to our immediate area ~
family and friends around the United States can help out our cause by ordering lovely items for their homes or gift giving needs.
An order greater than $100 ships for free ~ a $5 flat rate applies to orders under $100.

So please start thinking about your fall candle and decorating needs.
 
Its not too early to start thinking about Christmas either :).

Placing an order is a breeze. 
Go to: www.yankeecandlefundraising.com and enter the following group number 990049460 in the "Start Shopping" box
(disregard seller id) and then click "start shopping".
The welcome page allows you to confirm that you have successfully logged into the HBG fundraiser.
 
Please consider inviting family, friends, open space supporters and anyone you know who is interested in holding our government and quasi governmental agencies accountable to the people to participate in the fundraiser!
We'd also appreciate a shout out on your Facebook page if you have one!


Thank you for all your continued support! 


09/22/13
A legal update has been added to the Legal page.


09/21/13
To date the Pennies for Parks Neighborhood and Family Fun Night fundraiser made close to $3500!   
Neighbors got the word out, and we received numerous donations from either new donors or people who haven't contributed in awhile. 
This fundraiser was a team effort, led by Charlene and Art, and it proved that the community is still supportive of our cause
-- saving open space -- and holding our government accountable.

THANK YOU to everyone involved in organizing the fundraiser and to those that participated!

09/20/13
Click here to listen to an interview Grassroots Radio Colorado conducted with two of our own ~ Heather and Bill.
The interview starts at 3:50 in the podcast.
Share the link with everyone you know to spread the word!


09/06/13
Thanks to everyone who attended the
"Pennies for Parks Families StreetFest" and Fundraising event!


07/22/13
Thanks to everyone who attended the recent LoneStar Dine and Donate Fundraiser. Your ongoing support of local open space is appreciated.
We now have Safeway rewards gift cards available. See take action page for more details.
And here is the latest update regarding the legal action surrounding 2090 S. Wright St.

As with any litigation, the court requires all parties to consider mediation.
JPS, the City and the citizen intervenors (i.e., us) all agreed that mediation was worth exploring.

Several members of our community and our lawyers attended the mediation, along with representatives and lawyers from JPS and the City.  Jefferson County Mediation Services provided the location and 3 mediators to assist with group and breakout discussions. 
No agreement was reached.

Our focus continues to be fundraising to pay for ongoing legal costs. 
We also need to continue educating the public about this issue, so as to gain additional supporters. This is imperative because we are not just talking about saving one piece of land from development, we are taking a stand to hold our government and quasi-governmental agencies accountable for their actions.

Based on the evidence we've amassed, we believe that the judge will:
1. Honor the developer's intention for the property
2. Acknowledge that the paper trail between JPS and the City demonstrates that the City has a long held belief the land belongs to the City (a position they have recently abandoned as we all know) and JPS agreed with that belief at one time
3. Respect the history of the property, which has been used as passive parkland by our communities for the last 39 years.

Keep in mind that while the Rocky Mountain Deaf School has purchased property elsewhere, we know from a statement from the school district's superintendent that they "have an eye to selling"  2090 S. Wright St.  if they are declared the owner.
Or they could decide to put another school on the site at some point!

Residents of this area overwhelmingly want to preserve the property as Parkland/Open Space,
so every effort should be made to accomplish that goal. 
Please consider a financial donation to our legal fund, and ask your friends and neighbors to do the same. 
Every $20, $50 or $100 dollars or more will be matched by an anonymous donor who has put a sizable cap on his contributions. 
We also need additional volunteers to assist with fundraising activities such as flyer delivery, garage sales, auctions, eBay sales, and picnics.  Ultimately we need to keep the momentum going to complete preparation for the November 4th trial, and our goals will be met much easier with numerous hands to share the work! 

Join us in these next three months to finish what we started 18 months ago!!
Thanks for your support!

Click here to view older legal updates.

05/02/13
On April 30, our amended answer, counterclaim and cross claim was
submitted to the court.
We believe our arguments are very powerful, but don't take our word for it, download the document and read it for yourself.
It is important to note that we have asked the court to award us our costs for maintaining this action, to include our attorney fees, given the
City of Lakewood violated the Colorado Open Meeting Law (C.R.S. 24-6-402)
on two occasions related to the 2090 property ~ once in 1977 and again in 2012.
(To view the JPS Exhibits referenced in our amended answer, click here)


04/18/13
The Yankee Candle Fundraiser brought in just under $1,000 profit.
Thanks to everyone who placed an order!
In addition, click here to read the latest Lakewood Your Hub article about the 2090 property.


04/10/13
On Tuesday April 9th, in Jefferson County District Court, Judge Enquist, in response to the Motion to Intervene filed by HBG and nine named individuals (residents of the City of Lakewood and Unincorporated Jefferson County), granted the Motion to Intervene in the Quiet Title case between Jeffco Schools and the City of Lakewood.

Despite attempts to discredit the Intervenors by several attorneys for the School District and the City, the months of legal motions and briefs, and substantial evidence presented in the Offer of Proof convinced the court that Intervenors had standing to participate in the lawsuit.

Emilie Rusch, a reporter with the Denver Post Your Hub, covered the hearing and was given the following quote to include in her article. “Of course we are excited,” stated Heather Wenger, a neighbor and intervenor in the case. “We now have the opportunity to present evidence, from the City's own files, regarding the Developer's intent for the land. The evidence will also show the City's long held intent to maintain this property for park use by citizens, if the land was not developed for an elementary school within 8 years of July, 1973. This vital evidence was not disclosed to citizens throughout the entire rezoning process. Citizens continually questioned ownership and intent and were told the City had no knowledge. However, as a result of extensive Colorado Open Records Act research, citizens found the real story."

Look for the full article online at http://yourhub.denverpost.com/ on April 16
, and and in the print edition on April 18th.


04/7/13
MANY THANKS!
Thanks to Frontroom Pizza and Papa John's (Green Mountain location) for their contributions!
Thanks to our individual donors for your contributions and ongoing support!
Thanks to everyone who placed a Yankee Candle Order!
Thanks to everyone who is using and reloading their King Soopers Neighborhood Rewards Card (to pay for gas and groceries)!
We could not continue our good works without each and every one of you!


03/15/13

KING SOOPERS 5% REWARDS GIFT CARDS UPDATE

Heritage West/Bear Creek Village/Green Mountain Village (HBG) Neighborhood & Community Organization Reloadable Gift Cards have been a BIG success!

Over 100 are now in use, so the income stream to support the quality of life in our neighborhood is increasing every day. 

Check the Take Action page for more details.


Purchases made with these cards support HBG's efforts to keep
2090 S. Wright St. FREE from development.

Since Kroger pays the 5% donation on everything you purchase...
YOUR cost is zero.


How Does the Card Work?

You pay $5 for a card that is preloaded with $5, then you 'load' the Gift Card at the cash register (before making a purchase)
with any amount and spend it like a prepaid debit card.
Ask a cashier or self service register attendant to help you out.

Your receipt shows the remaining card balance so you can recharge it before it gets to zero.
You can also check your balance at any cash register, and there is no limit to how many times the card can be reloaded.


To purchase gasoline at a King Soopers gas station or Loaf N Jug, scan your regular Soopers Card before the transaction as usual,
then swipe the REWARDS Card and the balance remaining is shown before you pump the fuel. Pump your fuel and print your receipt.


How Do You Get a Card?

Call Dale Rosene at 720-209-8427 or email your request to jskimel@gmail.com and delivery will be set up.

You must use a card that we provide in order for HBG to get the 5% donation on each purchase.


Please consider additional cards for your friends and family to use at ALL Kroger businesses around the country
(a list of all Kroger Corp. participating businesses is on the back of each card).
These are great gifts that keep giving back to your neighborhood!


03/05/13
Fundraising update! We met our latest fundraising goal...
and earned the $5,000 matching donation.
In addition, the LePeep fundraiser brought in an additional $88.50.
Thank you for your support!


03/02/13
The hearing to determine if we would be allowed in the case was held on Friday, 3/1/13. The judge continued the case, asking that JPS disclose their future plans for the site and she ordered all to parties present their evidence to her. The next hearing will be held on April 9th at 8 AM. Therefore, while we are not officially in the case yet, we get the opportunity to present all the key evidence which demonstrates Lakewood's interest and ownership in the property.

02/03/13

Buy Your Weekly Groceries and Support Open Space!
The King Soopers Neighborhood Rewards Program is a great way to save local open space while shopping for items that you already buy!
Get a card and then every time you shop at King Soopers (or any Kroger brand store) and pay for your items with the card ~ King Soopers will donate
5% of your purchase price to our community.

The Take Action page contains all the details.

Thank you for your continued support!

01/21/13
Jeffco Public Schools (JPS) voted on 1/17 to surplus 12.7 acres of land, adjacent to D'Evelyn High School, to allow it to be sold to the Rocky Mountain Deaf School (RMDS). Now that RMDS has an appropriate site for their regional facility, the facts regarding 2090 S. Wright Street can finally come to the forefront without the emotion.  You can find more information at: http://dpo.st/13DNcjL   

The fight for 2090 is; however, far from over.

The land is still vulnerable to development due to the recent city-wide rezoning AND because the school district refuses to concede, despite the mountain of evidence, that they are not the rightful owner of the property. Tara Schupner's latest article on RMDS closed with this information:  "While RMDS moves forward with building its new school, Jeffco Schools isn't done with 2090 [S.] Wright St. Jeffco Schools will continue to seek quiet title to the property with an eye to selling it, [Cindy] Stevenson [superintendent of JPS] said."

Therefore, the lawsuit to determine ownership is ongoing. Our case continues to strengthen as we continue to research and find documents. The lawsuit is also costly; therefore, fundraising is a top priority.

Please also consider a generous donation, which can be made via check or PayPal.  See our Take Action page for details, and don't hesitate to contact us if you have questions.

Thank you for your continued support!

01/05/13
One of our 2090 Supporters wrote and posted an article in the online Your Hub regarding 2090 S. Wright St.
Click here to read the article, which was posted on 1/4/13.


01/03/13
In December 2012, the city-wide rezoning was approved by the City Council, with 8 council members voting for and 3 against.
(Click here to review the Ordinance and maps.)


2090 S. Wright St. will change from Planned Development to Planned Development/R-1-6, which includes many allowed uses in addition to parkland/open space. Once a judgement is made in the Quiet Title complaint, the property could be developed (or sold and developed) by the declared owner (i.e., the City or Jeffco Public Schools).

The initial hearing is currently scheduled for March 1, 2013.
Our case is strong and we have realistically high hopes of being allowed into the case by the court.


Please consider a generous financial contribution to help cover the ongoing legal expenses. 
Thank you very much for all you have done to protect this valued part of our neighborhood from development!


12/10/12
Two more articles regarding 2090. 
 
Article by Hub Reporter, Article by another 2090 Supporter.

12/5/12
Check out our newly created Legal page for the latest information on the Quiet Title Complaint that Jeffco Schools filed against the City
in an attempt to gain clear title of 2090 S. Wright St.
Click here to read the lastest Hub article written by a 2090 Supporter.


11/26/12
New City-Wide Zoning Ordinance Has Far Reaching Impacts,
Including 2090 S. Wright St.


Did you know that the Lakewood City Council is currently scheduled to vote a City-wide Zoning Ordinance into law on December 10th?
This effort will result in sweeping changes that impact every land, business and property owner (residential and commercial).

A few examples: 
~ Much of the language is written in a manner that leaves it open to wide interpretation.  This creates a lawyer's dream and a citizen's nightmare.
~ The powers granted to the Director of Planning are too broad, especially the far reaching power of interpreting the aforementioned language.

~ Changing all the Zone Districts means that some uses that were not previously allowed in a particular area, including bars, restaurants, adult entertainment, marijuana dispensaries, expanded home occupation areas, live/work conversions, urban agriculture, accessory dwellings, are now allowed.  This will most certainly lead to neighborhood disputes when corporations and individuals exercise those options, often at the expense of surrounding homeowners (e.g., noise, restricted and spill-over parking, traffic, loss of views, safety, privacy, etc.).

Click here to check out the latest draft of the new Zoning Ordinance and
click here to read a Hub Article on the matter.


Additional Information specific to 2090 S. Wright St.
If the City-wide rezoning is approved, as currently written, the 2090 S. Wright St. property, which is within the Hutchinsons Green Mountain Village (HGMV) Planned Development (PD), will be rezoned from PD/Municipal Purposes to PD/R-1-6. This is basically the same zoning designation that Jeffco Public Schools applied for and then subsequently withdrew.

The current zoning allows for uses that are compatible with the surrounding neighborhoods, such as open space or a park.  The R-1-6 zoning, which according to the draft map is being applied to the entire HGMV Planned Development, allows for incompatible uses such as:  Group Homes, Office Space, Religious Institutions, Transportation Facilities, Public or Private Schools, and Utility Facilities, to name a few.

One of the reasons people purchase homes in or adjacent to planned development is because the "plan" protects them from uses that are incompatible with the surrounding neighborhoods.  The proposed rezoning to R-1-6 changes the Planned Development/Municipal Purposes zoning to allow incompatible uses.

Please help us by telling everyone you know in Lakewood about this issue.

Then write to your Council Members to 1) demand that the Council rezone 2090 S. Wright St. as Parkland/Open Space, and 2) ask the Council to delay the City-wide Zoning Ordinance vote until well after the holiday season, to ensure that every citizen has ample time to study the draft Ordinance to see for themselves what it contains and how it impacts them, their neighborhood and the City as a whole. 

You can also submit your thoughts regarding the new Zoning Ordinance directly to the City Planning and Zoning staff using the form on this page:  http://www.playyourpart.org/shareyourthoughts/Default.aspx

11/15/12
Hub Article: Citizens Intervene to Protect Lakewood City Property

11/10/12
In response to Jeffco Schools Quiet Title action, and the City of Lakewood disclaiming its interest in 2090 S. Wright St.,
we have filed the following with the District Court:
ANSWER, COUNTERCLAIM, AND CROSS CLAIM and a
MOTION TO INTERVENE
Given all the new information we discovered through multiple Colorado Open Records Requests, we believe our case is quite strong.
Additional information will be posted as it becomes available.


11/5/12
We have been very active lately as a result of a fruitful Open Records request. In the mountain of information, we found multiple documents showing that the attempted rezoning of 2090 S. Wright St. was a concerted effort by Jeffco Schools, RMDS, the City of Lakewood and the Colorado Department of Education BEST Board to quietly surrender Lakewood's ownership of 2090 to the School District.

Click here to download a letter from the Attorney General's office to the City of Lakewood re: 2090 S. Wright St.


They hoped we would not find out.  Then they wished we would quietly give up and surrender.

Instead, we have been alert and tenacious, knowing in our souls that something was very wrong with our government's handling of this issue.
Yesterday we sent a letter to the School Board and we attended their public meeting to make sure they know that we know about the Quiet Title action they filed in district court and that we won't rest until this land is turned over to Lakewood and the Open Space signs go back up.

Make sure your voice is heard by writing to all the School Board members, the Mayor and the City Council regarding your concerns.


10/2/12:

Our battle to save 2090 S. Wright Street from development continues. 
Click here to download the latest flyer.

The audacity of our public officials to tell the citizens that the School District owns the land while the School District is filing a lawsuit to claim ownership is astounding and very disturbing. 

Please send emails to keep the pressure on our public officials and send the flyer to everyone you know in Jefferson County.  It is especially important to keep pressure on the School District ...
Let's make a lot of noise and raise the heat on them.


See Take Action page for email addresses. 


9/23/12:
Phone message goes out to thousands of Lakewood residents. 
"Hi, my name is Jessica and I’m a Lakewood neighbor--and I just wanted to thank you and the 8,000 citizens that signed the recent City petition to stop another bad land deal.  It didn’t make any sense to build a school on our open space when so many schools are closing and vacant.  Because of our petition, CITY COUNCIL OVERTURNED THEIR VOTE TO DEVELOP 2090 S WRIGHT ST.  You would think that we the people have spoken.  But Jeffco Schools is still trying to grab this land away from Lakewood. Since the petition, Jeffco Schools has quietly filed a lawsuit against our City to try to get a judgement that they own 2090 S Wright St. This land doesn’t belong to them--and they know it. This is a piece of Lakewood open space.  We need your help to say NO to GRABBING our land assets.  Please go to 2090coalition.com and ask the Mayor and Jeffco Schools why they are still letting this happen. Thank you for helping keep our government accountable."

See Take Action page for email addresses for Mayor and others.


9/21/12
Lakewood Open Space Still Under Threat 


9/11/12
Use the following link to watch the 9 News story that ran yesterday at 6 PM, which was expanded and slightly revised from the 4 PM story, and
be sure to read the article below the video which contains additional information.
 


9/10/12
The Lakewood City Council voted to rescind the rezoning of
2090 S. Wright St. and Jeffco Public Schools has
withdrawn the application to rezone 2090 S. Wright St.

Sadly there is no time to celebrate.
Jeffco Public Schools has filed a Quiet Title action in an attempt to gain clear title to the property. 
If they succeed, this could mean that a smaller school or other development might ultimately be approved for 2090 S. Wright St.


We will continue to focus on saving this property from any development.

Donations are still needed to help fund legal actions that will be required to
stop JPS from selling or developing this property and to ensure that
the City of Lakewood represents the citizen and protects the City's assets
.


We the people of Lakewood will not allow our City to give away our Open Space, and we demand that
the City aggressively defend against this blatant land grab! 
______________________________________________________

8/29/12
City Clerk declares Initial Sufficiency for the Petition of Referendum

Click here to read:  Proposed Alternate Site for RMDS is a Win for All


8/27/12
Check out the latest Sentinel article on the 2090 S. Wright St. property.


8/12/12
Click here to download the
Don't Rezone 2090 S Wright St flyer.
(Note: We are no longer collecting signatures)


8/11/12
Check out a 9 News Article on the 2090 S. Wright St. property.


8/10/12
We have met our goal! Thank you 2090 Supporters! We did it!

Over 8,000 signatures were submitted to the City Clerk's office on Thursday afternoon because of your hard work and dedication.

Through the petition process, the citizens of Lakewood have spoken and they have spoken loudly – demanding the right to vote, for themselves, whether 2090 S. Wright Street should remain open space or be rezoned for a regional charter school and a whole host of other possibilities.

Despite the small number of vocal opponents, who employed tactics that attempted to impede our Constitutional right to petition, the true feelings of the community are now clear:  Lakewood citizens signed the petition by the thousands.

Our volunteers and professionals can rest assured that their hard work has paid off. The petition was submitted Thursday, August 9 at 2pm to the city clerk and now we eagerly await the validation process.

After the petition is validated, the Lakewood City Council must decide between reversing their decision and bringing this issue before the voters. Either way, it is the citizens of Lakewood who have won.

In addition, on Monday, July 23, our group of concerned citizens filed a Rule 106 action to contest and overturn the rezoning of 2090 South Wright Street. This suit was served on the three principles in the rezoning action: the City of Lakewood, the Lakewood City Council and the Jefferson County School District because for months, citizens pleaded with the Mayor and the City council to reject this illegal rezoning ordinance, but have been ignored. Elected officials and city administrators did not represent the citizens of Lakewood when they tried to quietly extract the City’s interest and approved the improper rezoning request by Jeffco Public Schools.

We are part of the process and cannot be ignored.


Our message is clear:
We demand government transparency and true representation
by our city officials
.

7/27/12
Click the 2 links below to read information on Lakewood Hub

Rezoning not clear-cut

Rezoning of 2090 S. Wright St. is Illegal




Regularly Scheduled Ward Meetings*

All meeting dates, times & locations are subject to change; be sure to confirm specific dates with these individual's or organizations. Click here to view Ward meeting information on the City website.

Ward 1
Councilmembers Ramey Johnson & Karen Kellen
____________________________

Ward 2
Councilmembers Scott Koop & Cindy Baroway
____________________________

Ward 3
Councilmembers Shakti & Pete Roybal
____________________________

Ward 4
Councilmembers David Wiechman & Adam Paul
Time:
Second Saturday of each month, 9:30-11 a.m.
Location:
Green Mountain Presbyterian Church, 12900 W. Alameda Pkwy
____________________________

Ward 5
Attending:
Councilmembers Karen Harrison & Tom Quinn
Time:
Third Friday monthly, 8:30 a.m.
Location:
Our Saviour's Church, 1975 S. Garrison St.
(720) 985-3522

openspaceinfo@2090coalition.com
2090 Coalition - PO Box 44 - Morrison, CO 80465

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