McCrimmon And Six Other Citizens Sue Every City Council And
Planning Board Member But Kudla Scores Free Land From City Council
by Charles C. Bonniwell
Seven citizens who own homes and business property in Denver adjacent to the Mount Gilead Parcel that has been rezoned for high density have brought suit in Denver District Court against the Denver City Council and each of its members in their official capacity as well as the Denver Planning Board and each of its members in their official capacity. The seven citizens are: Arthur Keith Whitelaw III, John Derungs, Katherine K. McCrimmon, Laura Pitmon, Denise Sigon and Alan and Rita Singer. Attorney for the plaintiffs is Gregory Kerwin of the national law firm Gibson, Dunn & Crutcher LLP.
The suit alleges that the City Council and the Planning Board failed to follow the city Zoning Code and violated their obligation to observe their quasi-judicial obligations and instead their decision appeared to be based on campaign contributions. The suit also alleges that Planning Board member Jim Bershof had a direct conflict of interest acting as Property Owner Representative and as “Point of Contact for Application” along with developer Peter Kudla.
Peter Kudla and Metropolitan Homes were not finished obtaining the Denver City Council giveaways. On July 27, the Council vacated 34 feet along South Monaco Parkway resulting in Kudla and Metropolitan Homes gaining approximately a half acre of land for no consideration. Resident Caroline Schomp declared regarding the latest transaction, “The developers win again!”
The lawsuit alleges that District 5 Councilperson Mary Beth Susman and her staff had extensive ex parte contacts with developer Peter Kudla as well as well as with other Denver councilpersons concerning the Mt. Gilead property.
Experts indicate that if the plaintiffs’ attorneys are able to depose Denver councilpersons about their meetings with Kudla and his agents about the project it could expose how zoning decisions are actually made in the City and County of Denver and it could expose the fact that City Council hearings are not, in fact, quasi judicial, but simply a matter of political muscle applied by developers.
Neighborhood activist Richard Witholder noted, “This lawsuit could rip away the veneer of fair hearings in zoning matters in Denver and expose the incredible corruption of it all. This could be a real game changer for not just the Mt. Gilead property, but all of the controversial decisions over the last several years. You know that Peter Kudla does not want how he really operates in this town out in the open.”
However, citizen suits against the City and the City Council for their zoning decisions have, to date, met up with little success. Lawsuits by citizens regarding Hentzell Park, West Highland, Sloans Lake and Buckley Annex/Boulevard One have all been dismissed by Denver District Court judges who repeatedly refuse to even allow a single claim to ever go to a jury in a single case. The stonewalling by Denver District Court judges has left some residents outraged.
One local attorney who did not wish to be identified stated, “To be appointed a Denver judge one has to be politically connected, and so many of the judges are fully part of the sleaze that permeates the entire City and County complex. The incredible corruption and brutality of the Denver Sheriff’s Office was only exposed because a suit was brought in federal court in front of Judge John Kane. The local Denver courts allowed the misconduct and corruption to continue on unfettered year after year, case after case and they never did anything about it. Denver’s citizens need to get a change of venue out of the City and County of Denver or to federal District Court to have any chance of a fair hearing.”
Others are however much more sanguine. “They have an extraordinarily strong case,” stated Witholder. “I don’t see how the Denver Courts can just throw this suit out the window as it has so many others. It’s finally time that ‘judicial review’ actually means something in this city. If this suit proceeds it will change how business is done in this city for a long time to come and there are going to be a great number of red-faced and potentially disgraced city council members. The powerful in Denver are terrified about the potential of this case and that is a very good thing for the average citizen.”
