News: Westside Loses Appeal
Court Affirms Developer Engaged In ‘Improper, Deceitful, Misleading Conduct’ At The Park Hill Golf Course
By Cara DeGette
Editor, GPHN
Westside Investment Partners has been ordered to pay $260,000 to Sisters of Color United For Education, which paid for extensive renovations of the dilapidated clubhouse at the Park Hill Golf Course — only to be refused access to the facility.
The Sept. 19, Court of Appeals ruling is the latest victory for Sisters of Color in a case that has dragged on for several years. Aaron Boschee, the nonprofit’s lawyer, described it as “a classic David versus Goliath.”
“Westside, one of the largest real estate developers on the Front Range and its lackey, Holleran, tried to bully Sisters of Color, a small minority- and woman-owned nonprofit, out of virtually all of its assets — all while acting like it had the best interests of the Park Hill community in mind,” Boschee said.
Westside purchased the 155-acre golf course property and clubhouse in 2019, and along with its partner, the Holleran Group, spent several years trying to convince Denver voters to relinquish a city-owned conservation easement on the land that prevented development.
As detailed in court documents, in 2020 the Sisters of Color, which provides health and wellness services to marginalized communities, was looking to rent space for its operations. Westside and the Holleran Group were keen to lease the clubhouse and pursued Sisters of Color as a tenant.
However, the building was overrun with rodents and pests, with mold damage and standing gray water in the kitchen. Sisters of Color agreed to pay for and oversee the needed repairs, in lieu of paying rent. In all, Sisters of Color spent nearly $200,000, and when the work was done, was denied access to the clubhouse.
Ultimately Sisters of Color sued to recoup its investment. Boschee has likened the amount to a mere rounding error for deep-pocketed Westside, but a huge sum for the nonprofit.
A year ago the trial court ruled in favor of Sisters of Color. Rather than paying up, Westside appealed. Last month the Court of Appeals upheld the $196,157 judgment, along with $36,903 in interest and $25,802 in court costs. Notably, the three-judge panel accepted the lower court’s finding that the developer engaged in “improper, deceitful, or misleading conduct.” In legal terms, the court explained that allowing Westside to keep the benefit of the renovations without paying would amount to “unjust enrichment” of the developer.
In an interview earlier this year, Sisters of Color Executive Director Adrienna Corrales-Lujan described the experience as “a very expensive, bad lesson in development.”
“This is business as usual for most developers, but it shouldn’t be done under their guise of helping the community,” she said. “The blessing in disguise is we don’t have to be in business with people who don’t honor us as people of color.”
At the time, Westside was also running a $1 million campaign for a massive commercial and residential project at the now-closed golf course, which required voter approval. Westside and Holloran promoted their project as a community benefit, with particular emphasis on several hundred affordable housing units they planned to include.
In April, 2023 voters rejected Westside’s plan by a near 2-1 margin. After the election, Westside erected a chain link fence around the entire property, which has fallen into disrepair.
Denver Mayor Mike Johnston said this summer the city is negotiating to acquire the former golf course for a possible regional park —fulfilling a pledge Johnston made while running for office last year.
Westside did not return calls seeking comment. Kenneth Ho, who oversaw the failed development efforts at the golf course and clubhouse, is no longer a principal partner at Westside. Ho’s LinkedIn profile shows he is now working with Craft Companies, a Denver-based real estate firm.