Denver, Colorado 2021-05-20 06:06:30 –
A lawsuit filed by five Parkhill homeowners over a proposal for a homeless camp approved by a neighboring city was dismissed Wednesday afternoon as plaintiffs moved to another location to stop it.
However, the complaint will not be heard in front of Denver’s Zoning Coordinating Committee until June 1, when the camp is held.
Judge A. Bruce Jones of the Denver District Court was dismissed without prejudice after the morning hearing of the case. May 6 proceedings Submitted by Kurt Monigle, Dave Rodman, Jean Baptiste Varnier, Justin Lacov, Blair Taylor.
Homeowner dissatisfaction has expressed concern about safety, lack of public opinion, and extension of the program, especially when the coronavirus pandemic appears to be mitigating. The defendants were the city, the church and its chief pastor, Nathan Adams, and the Colorado Village Collaborative, a non-profit organization that manages the camp.
CVC has previously stated that it wants to start operating the camp. The other is on the Regis University campus in northwestern Denver.,June 1. Both are scheduled to operate until the end of the year. The two locations will replace the two existing camps in the church parking lots of Uptown and Cap Hill. These camps have been in operation since December and will be demolished at the end of this month.
Initially, plaintiffs asked the court to issue a temporary restraint order to prevent the establishment of the camp. But last week, homeowners asked the court to continue the proceedings instead so that they could appeal the zoning permit that allowed the camp to the coordinating committee.
As a result, Jones shifted the focus of the hearing scheduled for Wednesday to whether to issue an injunction, to continue the proceedings as the plaintiffs wished, or to dismiss them as the defendants demanded.
Homeowner lawyers Robinson & Henry’s Heather Anderson Thomas and Douglas Bayer heard that the city changed the ordinance to allow it to appeal to the Coordinating Committee after the proceedings were filed. .. However, Denver city lawyer Josh Roberts disputed plaintiffs, saying they always had that option.
Mr Thomas said the client did not actually expect the coordinating committee to make a decision in their favor and would probably return to court. That is part of the reason she insisted that the case should stay. However, Judge Jones wrote in his dismissal that he did so because “plaintiffs did not provide administrative relief.”
In the meantime, nothing prevents the camp from being established on June 1st. Roberts said the city had already issued a permit allowing the CVC to set up a camp.
“The permit is valid until the appeal, so the CVC has the permit and can enforce it,” Roberts said.
Thomas said she and her clients only learned that the city had already issued a camp permit on Monday.
Austin Kiesler, technical director of the Coordinating Committee, told BusinessDen Wednesday afternoon that two appeals had been filed for falsely approving the camp’s zoning permit. The hearing has not been scheduled, but he said it is likely to be in late June or July.
Cole Chandler, CVC’s executive director, confirmed to Business Den that the organization’s original schedule still remains.
“We are moving forward as planned,” he said in an email.
Chandler previously stated that the Park Hill camp has 33 tents and can accommodate up to 40 people. Similar to the existing camps in Uptown and Cap Hill, it is fenced, staffed 24 hours a day, and drugs and alcohol are banned.
CVC is represented by Kutak Rock’s attorney Thomas Snyder and Colorado Poverty Law Project’s Lauren Rafter and Shannon MacKenzie. The church and its ministers are presented by Richard Marsh of the Marsh Law.
Lawsuit over Park Hill homeless camp dismissed; city board to hear appeal Source link Lawsuit over Park Hill homeless camp dismissed; city board to hear appeal