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LEGAL EFFORTS?


Why did we lose all three appeals?
  • Our efforts were obstructed by limitations placed on the scope that could be considered for each appeal. The specificity prohibited thorough analysis by the County Commissioners, Board of Adjustment, and the Estes Valley Planning Commission. This also severely limited the influence of public testimony.

  • Our appeals were a complete reverse of the normal sequence due to the Town’s Planning Staff choosing not to follow the zoning regulations. We were forced to appeal without the town officials even evaluating the project.

  • The process was controlled by the Planning Staff who is managed by the Mayor – Todd Jirsa and Town Attorney – Greg White. That is the grounds for our appeal….an abuse of discretion by the Staff and the decision makers; they did not want it to go before a review process

  • Greg White limited the discussions by the voting commissioners (County and Planning) and interpreted (insisted/intimidated) rules and regulations to fit the project’s needs…not the rule of law

  • There was confusion by all the Commissioners (County and Planning) about the application of the Development Code and the Comprehensive Plan. Again, Greg White insisted these two documents did not apply to Walker’s proposal in spite of Colorado Supreme court rulings in other cases upholding the comp plan

  • Lack of Transparency: there was behind the scenes changing of the Development Code for the past 18 months to eliminate language, i.e., “non-commercial” and other similar wording that previously had prohibited building commercial developments on residential land.

  • There was blatant conflict of interest by Cody Walker who voted for code changes with full knowledge of his mountain coaster development. He did not want rezoning or a hearing by the Planning Commissioners.

  • There was no effort on the part of Frank Lancaster – Town Manager or Randy Hunt – Director of Planning to correct the misapplication of the existing zoning regulations. They, in fact, suppressed information so the proposal could be voted on by Walker and advanced without any public hearing or notification. The same suppression tactic was used again when the project recently went before the Planning Commission.