Supreme Court Denies Hentzell Park Appeal
By Dave Felice
Concluding a three-year legal battle with the city, Denver attorney John Case says he’s proud of citizen effort, though disappointed in the outcome.
This spring, the state Supreme Court declined a petition to review lower court rulings in which Case challenged the city’s authority to give the Denver Public Schools 11.5 acres of Hampden Heights North Park in southeast Denver, in exchange for $1 million and a downtown office building.
“The appeal of Friends of Denver Parks, Steve Waldstein, and Zelda Hawkins to require a vote of the people before trading away park land is over,” says Case. “The judgment of the Denver District Court is now final. Joe Shoemaker Elementary School has been built on what was once designated as natural area park land.”
Representing citizens in what he calls a just cause, the attorney says he has learned some sobering lessons.
“Denver city officials are committed to high density development that will cause ever increasing stress on our existing parks, neighborhoods, roads, and way of life,” he told the Greater Park Hill News. “Citizens cannot rely on state courts to hold Denver officials accountable.”
“Recalling elected officials may be the only way to stop corrupt government practices,” Case said.
Plaintiff Zelda Hawkins continued her criticism of city officials who engaged in the swap, accusing them of not caring about what the people most directly affected wanted and needed.
“My proudest moments were thanking Mayor (Michael B.) Hancock and (former Councilman) Charlie Brown for doing their part to ruin the quality of life for the residents of Hampden Heights East,” Hawkins said.
Although the elementary school is operating on the land in far southeast Denver, the office building Hancock acquired is still not occupied. The dilapidated building at 1330 Fox St. was to be a center for services to victims of domestic abuse. Originally, city council approved $5 million for renovation, but there has never been a public report on actual cost.
When the swap was originally proposed, nobody was quite sure of the name of the land. When the matter got to the Parks Advisory Board, the parcel was referred to as Hentzell Park. The advisory board voted against the deal, and Hancock quickly dismissed his appointees who voted in the majority. Then-parks director Laurie Dannemiller sanctioned the deal, and the council approved it in 2013.
Denver Public Schools subsequently came under severe criticism for allowing contractors to kill prairie dogs during the school construction, instead of relocating the animals.
The school, located in a floodplain, is named for the former state legislator who established the Platte River Greenway Foundation and was considered a strong advocate for flood safety and preserving natural environments.
Led by Renee Lewis, Dave Hill, Shawn Smith, Judy Case, and Maggie Price, Friends of Denver Parks challenged the deal. Case represented Hawkins, Waldstein, and the organization without charge. Denver’s consortium of registered neighborhood groups, the Inter-Neighborhood Cooperation, honored Case for his efforts.
In a final report, Case thanked his clients and Friends of Denver Parks, along with “the witnesses who rode horses and enjoyed Hampden Heights North Park from 1938 through 2013, who testified in court, signed affidavits, and gave depositions; Larry Ambrose and members of INC; our friends in the media; and the hundreds of volunteers who circulated petitions and donors who contributed money to help defray deposition costs and filing fees.”