Some want all the trees and grass to stay. Others want some trees and grass, but homes and businesses too. Courts might end up deciding.
David Sachs The Denverite 10-23-2019
Denverites resisting development on golf course land in Park Hill say a recent change to state law gives their cause a leg up over developers and the Hancock administration, who see the green swathe as a place for homes, businesses and parks.
The 155-acre chunk has been entangled in a legal and political jungle for about three years with four big players arguing over its future: the city government, former golf course operator Argus, the land’s original nonprofit owner Clayton Early Learning, and developer Westside Investment Partners.
Westside bought the land from Clayton in July for $24 million. While various lawsuits endure, the big question right now is whether Westside will be able to build stuff.
Save Open Space Denver, a group backed by former Denver Mayor Wellington Webb, claims the company cannot. Members held a press conference Tuesday to amplify a state law signed in June that they say makes it harder to kill an agreement that protects the land from development. The agreement, known as a conservation easement, has been a part of the golf course’s deed for decades.
The law states that it cannot be terminated unless a court says the conditions on or around the golf course have changed to make its continued conservation impossible. Advocates say the language makes building illegal.
“I believe that Westside wasn’t aware of that (law), because if you take a look at when the deal was closed, it was closed right after the law went into effect,” Webb said.
Denver City Council members Debbie Ortega and Candi CdeBaca have asked the mayor’s office for its legal opinion in an official letter