District Court, Denver County, Colorado

1437 Bannock Street # 256

Denver, CO 80202
(720) 865-830
COURT USE ONLY
SLOANS LAKE NEIGHBORHOOD ASSOCIATION, JANE
PARKER AMBROSE, GERARD V. FRANK, WARWICK
DOWNING
Plaintiffs
v.
CITY COUNCIL, CITY & COUNTY of DENVER, SUSAN
SHEPHERD, JUDY MONTERO, PAUL LOPEZ, CHARLIE
BROWN, JEANNE ROBB, ROBIN KNEICH, DEBBIE ORTEGA,
CHRIS HERNDON, MARY BETH SUSMANN, PEGGY
LEHMANN, JEANNE FAATZ, CHRIS NEVITT, ALBUS
BROOKS, and the CITY and COUNTY of DENVER
Defendants
David R. Medina, 26509
4275 Kendall St., No. 24
Wheat Ridge, CO 80033
303.305.8098
groucho27@msn.com
COMPLAINT FOR DECLARATORY RELIEF AND FOR RELIEF UNDER C.R.C.P. 106(a)(4)

The Sloan's Lake Neighborhood Association, (SLNA), Jane Parker-Ambrose, Gerard V.

Frank and Warwick Downing by and through undersigned counsel or record, David R. Medina,
herein brings their Complaint against the Defendants, The City Council of the City & County of
Denver and the City and County of Denver seeking Declaratory Relief pursuant to Colorado
Rule of Civil Procedure 57 and Colorado Revised Statutes 13-51-101, et seq., and for
certiorari Review of Defendants actions pursuant to Colorado Rule of Civil Procedure 106(a)
(4). As grounds for their Complaint, the Plaintiffs allege as follows:
INTRODUCTION
This is an action by residents of the West Colfax and Sloan's Lake neighborhoods to challenge
the rezoning, on February 17, 2015, by Defendants, of a 1-square block parcel (parcel) between
Stuart and Raleigh Streets on the west and east and 17th and 16th Avenues on the north and south. The
parcel is across from the 180 acre Sloan's Lake Park most of which is water. The parcel is located
directly across from parkland which is approximately 120 feet wide to the Sloan's Lake edge. The
pathways and lawns in SLP are in constant use by nearby residents and the public.
1.

Parcel had been zoned C-MX-5, a designation that would not interfere with the enjoyment of
SLP by nearby residents or the public. Rezoned as C-MX-12, there will be 70 feet tall buildings on 17th
Avenue and 45 foot buildings on Stuart Street. Beginning 43 feet from the sidewalk along 17th Avenue
in SLP, a twelve-story building can be erected,
2.

The rezoning conforms with the General Development Plan (GDP) passed by the Denver
Planning Board in January 2014, which allowed twelve-story buildings in parcel and twenty-story
buildings on the block immediately to the east of Raleigh Street and along 17th Avenue.
3.

4.

Based on such GDP, these are tallest and most dense part of the proposed development.

5.
GDP is not an adopted plan, is not approved by Denver City Council and, unlike a small area
plan which is approved by City Council, is not an ordinance. Small area plans do become ordinances,
and become part of the Denver Comprehensive Plan.
6.
City Council zoning decisions must be consistent with small area plans and the Denver
Comprehensive Plan.
In 2005, 16-plus acres within parcel were occupied by St. Anthony Hospital. In that year it
became known that the hospital would be relocated to a new campus in Lakewood, Colorado with the
Sloans Lake Campus property to be sold. As a consequence, the City of Denver initiated a planning
process which involved more than 100 neighborhood residents, as well as neighborhood groups,
businesses, City officials, and consultants. Thus, the St. Anthony Central Redevelopment Task Force
(SARTF) was constituted. It conducted extensive meetings in 2005 and 2006 for the purpose of
determining appropriate use of the vacated hospital grounds.
7.

8.
At approximately the same time, the City of Denver initiated a neighborhood planning process
for a small area plan, led by a stakeholder committee of neighborhood residents and business
owners. This planning process was to include the area owned and occupied by the St. Anthony
Hospital, and the stakeholder committee was to also plan for the future of this site.
9.
The West Colfax Planning Process (WCPP) had earlier been constituted, concerning West
Colfax Avenue, which included a much larger area than what is being here considered, just the former
St. Anthony Hospital site. Deferring to the work of SARTF, WCPP did not do detailed analysis or
visioning for the vacated St. Anthony Hospital site. It incorporated Guiding Principles of SARTF
into what was called the West Colfax Plan (WCP).
10.
In 2005 and 2006, SARTF had extensive discussions and a series of charrettes in which
participants were divided into groups, each led by a facilitator. These charrettes were to vision the
shape, scale, uses and size of future development.
The outcomes of these planning exercises were memorialized and discussed and, when
consensus was reached, designated as Guiding Principles. Such principles were explained by further
elaboration as part of the text of what was to become the SARTF Report and Recommendations. One
of the most important of the Guiding Principles was to have the tallest structures and greatest density
on the West Colfax Avenue side of the property, and to prevent high rise development toward 17th
Avenue.
11.

WCP did not address the St. Anthony site in detail, but it specifically incorporated the Guiding
Principles of the SARTF Report. (Page 130 of said report states that the City shall Utilize the guiding
12.

principles of the Saint Anthonys Hospital Redevelopment Task Force in preparing and implementing
future plans for the redevelopment of this 16-plus acre urban site.)
In spite of the above, in 2013, the City Community Planning and Development Office
developed--and the Denver Planning Board approved--a GDP that authorized and permitted the tallest
buildings to be toward 17th Avenue, rather than toward West Colfax.
13.

Such GDP resulted in widespread neighborhood opposition, based in large part on the
positioning of the tallest buildings toward 17th Avenue and not toward West Colfax.
14.

15.
The City Council for the City and County of Denver, in a quasi-judicial hearing, met on
February 17, 2015 to consider changing the zoning in parcel to conform to the above GDP.
Councilwoman Susan Shepherd, within whose District the subject rezoning site lies, acknowledged that
there was an issue about the location of the high rise development in relation to whether the GDP
conformed to the West Colfax Plan.
16.
At said hearing, Councilwoman Shepherd made the claim that the proposed rezoning
conformed to the West Colfax Plan, and read aloud a relevant portion of the Guiding Principles--which
were incorporated into such planto make her point. Such principles require the tallest buildings to be
toward West Colfax. When Shepherd read from the Guiding Principles, she omitted the words
toward West Colfax from her recital. Furthermore, at said hearing, the Community Planning and
Development (CPD) staff made no reference whatever to the significant words toward West Colfax.
Plaintiffs contend that the clear intent of the West Colfax Plan was to have the tallest buildings
in the center of the site, towards West Colfax and away from 17th Avenue and Sloans Lake Park. A
rezoning of the subject site that permits high rise development along 17th Avenue, adjacent to Sloan's
Lake Park, violates both the letter and the spirit of the law.
17.

18.
At said hearing, the members of City Council voted unanimously in favor of the rezoning. In
her remarks at the conclusion of said hearing, Councilwoman Jeanne Robb both referenced and
dismissed the existence of what has been called courtesy zoning. Such courtesy zoning occurs when
members of City Council vote along with the District Councilperson within whose District the site
specific rezoning lies. Councilwoman Robb had previously documented the existence of this practice.
Plaintiffs contend that such practice directly violates the quasi-judicial responsibility of the Council
members, in that Council members come to such hearings fully aware of how they will vote, and that
their vote will not depend on the evidence adduced at the hearing, but will be based on the position of
one Council member. By voting in such an arbitrary and capricious manner, Council members denied
to Plaintiffs their right to fair process.
JURISDICTION AND VENUE
19.
Jurisdiction is proper in this Court under Colo. R. Civ. P. 106, Colo. R. Civ. P. 57, and under
the Courts general jurisdiction to resolve disputes like this.
20.
Venue is proper in this Court under Colo. R. Civ. P. 98(a) because this is an action affecting
real property located in the City and County of Denver.
21.
Judicial Review can be requested under C.R.C.P. Rule 106(4) where any governmental body or
officer or any lower judicial body exercising judicial or quasi-judicial functions has exceeded its
jurisdiction or abused its discretion, and there is no plain, speedy and adequate remedy otherwise
provided by law.

PARTIES
22.
Plaintiffs are a Registered Neighborhood Organization and residents of the City and County of
Denver. Sloan's Lake Neighborhood Association is an RNO which represents more than 60 residents
in the Sloan's Lake and West Colfax neighborhoods. The address of SLNA is c/o, 1750 Meade Street,
Denver, CO 80204, Jane Parker-Ambrose is a beneficial property owner at 1750 Meade Street, Denver,
Colorado 80204, Gerard Frank is a resident of the West Colfax Neighborhood who resides at 1590
Yates Street, Denver, CO 80204. Warwick Downing is a resident of the Sloan's Lake Neighborhood
who resides at 2121 Osceola Street, Denver, CO 80212.
23.
The Sloan's Lake Neighborhood Association was founded in 2004, with a membership of
households located within the area bounded by Sheridan Blvd on the west, Julian Street on the east,
Colfax Avenue on the south, and 29th Avenue on the north.
24.
The Sloan's Lake Neighborhood Association, hereinafter referred to as SLNA is a is a
Registered Neighborhood Organization (RNO) in conformance with the City & County of Denver
ordinance Title II, Revised Municipal Code, Chapter 12, Community Planning and Development,
Article III, Registered Neighborhood Organizations, 12-91 to 98.
25.
Plaintiffs do have a legally protected interest; as a Registered Neighborhood Organizations
(RNO), SLNA has a specified right under Denver law to receive notice and participate in zoning
code text amendment proceedings and therefore, and thus has a legally protected interest.
26.
Sloan's Lake Neighborhood Association received notice of and was represented on the St.
Anthony's Redevelopment Task Force in 2006 and since that time has received notice of zoning
applications, including the rezoning application which is the subject of this judicial review, has
consistently advocated through participation in the City of Denver's public planning process and
through Resolutions that the Guiding Principles of the Task Force Report be followed as an integral
part of the West Colfax Plan, adopted as an official Ordinance of the City & County of Denver.
27.
Ms. Parker-Ambrose, has been a long time resident of the Sloan's Lake Neighborhood, has been
an advocate for the care and preservation of Sloan's Lake Park through her activities in the Sloan's Lake
Neighborhood Association, and was a member of the St. Anthony's Redevelopment Task Force on
which, as part of the administrative process, she successfully advocated for the Urban Form Guiding
Principle that was promulgated as part of the West Colfax Plan and that is at the heart of this
application for Judicial Review. Mr. Frank, a senior citizen, regularly runs and or walks around Sloan's
Lake Park and is involved in organized efforts to mitigate or eliminate the dangerous traffic situation
on and surrounding 17th Avenue, Sheridan Blvd., Federal Blvd., and West Colfax where more than five
pedestrians have died in the past year. Mr. Downing is a resident of the Sloan's Lake neighborhood,
who resides at 2121 Osceola Street, Denver, Colorado 80212. He is a regular user of Sloan's Lake
Park, walking in front of the rezoned property on a semi-daily basis.
The SLNA Registered Neighborhood Organization and the residents it represents will suffer
injuries-in fact as a result of the action of the Denver City Council herein challenged inasmuch as that
action has caused or has threatened to cause injury to the plaintiffs such that a court can say with fair
assurance that there is an actual controversy proper for judicial resolution, Wells v. Lodge Props., Inc.,
976 P.2d 321, 324 (Colo. App. 1998). The SLNA residents, Mr. Frank, and Mr. Downing who walk
Sloan's Lake Park nearly every day, will suffer from the a dramatic increase in crowding of the Park as
the proposed development has provided no private open space and no additional park land in Denver,
28.

increased safety risks as a significant portion of the Park will be in the shade much of the day, will
endure the annoyance and harm of traffic and parking problems in their neighborhood, who will suffer
directly from their loss of enjoyment in their homes, devaluation of their homes and deterioration of
their quality of life, and will suffer interference and harm in their use of Sloans Lake Park as a direct
consequence of the uncharacteristically tall structures set construction on the rezoned parcel.
29.
Residents will lose enjoyment of Sloan's Lake Park which will be negatively affected by the
enormous shadows cast by the scale and height of the buildings and by virtue of the location of the
buildings made possible by the zoning in violation of the West Colfax Plan Ordinance and the
overcrowding of the Park made possible by the increase in population and lack of open space in the
subject development. There are 7,800 regular users of Sloans Lake Park and tens of thousands of
more people who visit the Park for special events including walks and runs almost every weekend.
Shadows cast at 7AM & 5PM on March 20th are estimated to be 672 feet long (for a building 150 feet
tall.) At the sun's Zenith-- at noon-- on December 20th the shortest shadow cast will be 312 feet long
and would easily reach the water's edge---all day long.
30.
Icy sidewalks creating by this new building shade in the winter will be a hazard to runners,
walkers, bikers; will change the open skies character of the Park. Shade from this development will
cast a shadow in an arc nearly 750 feet in either direction, a total distance of nearly 1/3 mile over the
south side of Sloans Lake Park and Sloans Lake. There is no doubt the effect on users of the park
many of whom are residents of the neighborhood will be significant.
31.
Defendant is the Denver City Council, the members of which hold 11 District seats and two
city-wide seats. Members who participated in the quasi-judicial action in dispute are Susan Shepherd,
Judy Montero, Paul Lopez, Charlie Brown, Jeanne Robb, Robin Kneich, Debbie Ortega, Chris
Herndon, Mary Beth Susman, Peggy Lehmann, Jeanne Faatz, Chris Nevitt, Albus Brooks. They are
being sued under Rule 106(a)(4) for actions taken in their official capacity.
32.
The Denver City Council has powers over zoning under the Denver City Charter, Title I Part 2,
Council Powers, 3.2.9 Zoning.
33.
Defendant the City and County of Denver is a home rule municipal corporation of
the State of Colorado, organized under Article XX, Section 6 of the Colorado Constitution (the
home rule amendment).
GENERAL ALLEGATIONS
34.
In 2005 and 2006, members of SLNA, along with more than 100 other neighborhood residents,
businesses and City officials, participated in the St. Anthony Redevelopment Task Force in order to
plan for the future of the 7 square block St. Anthony Hospital site.
35.
The outcome of that process was a Report, the St. Anthony Central Redevelopment Task Force
Report and Recommendations, published on, May 4, 2006. The Task Report included in it Guiding
Principles which were intended to guide the future development of the site.
36.
One of the most important Guiding Principles developed by the Task Force, regarding Urban
Form was to have the tallest structures on the site to be set back on the West Colfax Avenue, south
side of the property and not to allow high rise development toward 17th Avenue.

37.
At the same time, an official City of Denver planning process was taking place to develop a
small area plan for the West Colfax area which was to guide development for the larger area from
Federal to Sheridan and from 17th Avenue to Lakewood Gulch and which was to include the St.
Anthony Hospital site.
38.
Regarding location of high rise development on the site, the Urban Form Guiding Principles,
which were to be incorporated into the subsequently adopted West Colfax Plan states:
The height and densities of the edges of the redevelopment site, especially on the east and west
where it is adjacent to residential neighborhoods, should transition from the densities along
those edges to higher densities internal to the site and toward Colfax Avenue Page 10, St.
Anthony Central Redevelopment Task Force Report and Recommendations.
39.
The narrative of the Task Force Report and Recommendations elaborates upon the rationale
behind the Guiding Principles. The form and design character that is created on this site must reflect
the scale and character of the various adjacent neighborhoods, take advantage of the lake and park,
define street and park edges, provide focal points and protect views. The height and densities of the
edges of the redevelopment site, especially on the east and west where it is adjacent to residential
neighborhoods, should provide a transition, to higher densities deeper within the site. Density should
be increased as the redevelopment moves from the east to the west edges to the center with the higher
densities toward Colfax Avenue and an urban edge, complementary to the neighborhood, along 17th
Avenue to help define the park. Urban Form, Page 10, St. Anthony Central Redevelopment Task
Force Report and Recommendations.
41.
On September 18, 2006, the Denver City Council approved Ordinance Id #: 20060626 adopting
the small area plan, the West Colfax Plan, which plan became a part of the comprehensive plan
( Comprehensive Plan 2000) for the City and County of Denver pursuant to the provisions of Section
12-61 of the Denver Revised Municipal Code
42.
In deferring to the work of St. Anthony Central Redevelopment Task Force, the guiding
principles of their Report and Recommendations were made an integral part of and incorporated into
the West Colfax Plan.
Recommendation 4: Holy Tony's Town Center Redevelopment
Utilize the guiding principles of the Saint Anthonys Hospital Redevelopment Task Force in
preparing and implementing future plans for the redevelopment of this 16-plus acre urban site.
(West Colfax Plan, Page 130)
Therefore, any zoning with respect to the development of the St. Anthony site must be consistent with
the guiding principle of that the tallest buildings on the site be on the south side of the site and toward
West Colfax.
44.
On February 17, 2015, the Denver City Council held a quasi-judicial public hearing on the
rezoning of one block as part of the South Sloan's Lake Development wherein it approved, despite
vigorous objections from residents including members of SLNA, a C-MX-12 zone district which
allows for 12 story buildings on the northern most parcel of the what was defined in the West Colfax
Plan as the St. Anthony Redevelopment site.

45.
The subject rezoning, Application #2014I00071, Address: approx. 1606 Stuart Street
Neighborhood/Council District: West Application: #2014I00071 with an Area of Property: 97,671
SF/2.344 acres had a Current Zoning of CMX5/DO5 which was changed to CMX12/DO5. The
owners of the property are EFGSouth Sloans Lake, LLC.
46.
The location of this property is not on the south side of the redevelopment site, towards West
Colfax at all but rather is on the northwest corner of the old St. Anthonys site closest to 17th Avenue
and to the park and the lake. The C-MX-12 rezoning for the subject parcel is consistent with the
General Development Plan (GDP) that the Denver Planning Board approved in 2013 despite
objections from residents and SLNA member, but that 2013 General Development Plan is not an
adopted plan, that was ever approved by the Denver City Council. That GDP called for a proposed
20 story building to be built on the block immediately to the east, also along 17th Avenue, the park and
the lake, not at all towards West Colfax, inconsistent with the officially adopted West Colfax Plan.
47.
The Denver Zoning Code specifically requires the Denver City Council to act in conformance
to existing adopted plans. The City Council may approve an official map amendment if the proposed
rezoning complies with all of the following criteria: A. Consistency with Adopted Plans The proposed
official map amendment is consistent with the Citys adopted plans, or the proposed rezoning is
necessary to provide land for a community need that was not anticipated at the time of the adoption of
the City's plan. The Denver Zoning Code, Section 12.4.10.7 General Review Criteria Applicable to
All Zone Map Amendments. June 10, 2010.
48.
Testimony at the February 17, 2015 rezoning hearing before City Council from the Denver
Community Development and Planning Department representative made absolutely no mention of the
West Colfax Plan's specification that the tallest buildings be located toward West Colfax. This
language was intentionally left out of the official presentation.
Detailed testimony and an affidavit were presented to the Council by neighborhood residents
who participated in the St. Anthony Central Redevelopment Task Force emphasizing, consistent with
the West Colfax Plan, that the intent and central guiding principle of members of the task which was
embraced memorialized by the Task Force at the time the administrative process took place in 2006
was that the tallest buildings and highest density will be focused away from 17th Avenue, the park and
the lake and towards West Colfax.
49.

Councilwoman Susan Shepherd, within whose District lies the subject property, immediately
after the quasi-judicial hearing, read from a prepared statement approving the rezoning. In her
statement, which was purportedly read from the Urban Form, Guiding Principle of the St. Anthony
Task Force Report and Recommendation regarding building height and density, but specifically
omitted the operative language, and two most important words, towards Colfax. Upon information
and belief, Plaintiffs believe Shepherd failed to conduct herself as a neutral quasi-judicial decisionmaker, having already spoken in favor of the zoning change at the November 12, 2014 Planning Board
hearing on the C-MX-12 zoning map amendment, and having engaged in extensive ex parte contacts
with the property owner and its representatives while the rezoning application was pending, and having
already decided to vote in favor of the rezoning before the February 17, 2015 City Council hearing.
50.

FIRST CLAIM FOR RELIEF

Review Pursuant to Rule 106(a)(4)
51.
Plaintiffs re-allege and incorporate by reference the allegations set forth in paragraphs 1-50 of
this Complaint.
52.
Throughout the proceedings, the Denver City Council was involved in and required to conduct
a quasi-judicial function.
53.
A quasi-judicial action generally involves a determination of the rights, duties, or
obligations of specific individuals on the basis of the application of presently existing legal
standards or policy considerations to past or present facts developed at a hearing conducted for
the purpose of resolving the particular interest in question. Cherry Hills Resort Dev. Co. v.
City of Cherry Hills Village, 757 P.2d 622, 625 (Colo. 1988).
54.
Certiorari Review: At issue is whether the Denver City Council, a governmental body,
exercising quasi-judicial functions, abused its discretion. C.R.C.P. 106(a)(4); Snyder v. City of
Lakewood, 189 Colo. 421, 542 P.2d 371(1975), overruled on other grounds, Margolis v.
District Court, 638 P.2d 297 (Colo. 1981) in this site specific rezoning.
55.
The claim herein is that there was evidentiary support in the record that the rezoning
was not in compliance with the small area plan as required by the Denver Zoning Code, Section
12.4.10.7, and that the Council failed to apply appropriate land use standards.
56.
Although the vote of the Denver City Council rubber-stamped approval of the subject rezoning
in violation of the Denver Comprehensive Plan as amended by the West Colfax Plan, such rubberstamping is common under the courtesy zoning voting custom. See 18 above. Consequently, the
Council has a pattern and practice of voting in an arbitrary and capricious manner that is inconsistent
with its obligation and function as quasi-judicial body to decide in a neutral, impartial, and
independent manner, and based upon the evidence fairly presented by interested and affected persons.
57.
The scope of review is limited to whether the governmental body exceeded its
jurisdiction or abused its discretion based on the evidence in the record. C.R.C.P. 106(a)(4)(I).
58.
The evidence in the administrative record for the February 17, 2015 hearing shows that
the proposed C-MX-12 rezoning violates Denver Zoning Code, Section 12.4.10.7 because it is
not consistent with adopted plans including the West Colfax Plan.
59.
A reviewing court must reverse if the governmental body misconstrued or misapplied
the applicable law. Anderson v. Board of Adjustment for Zoning Appeals, 931 P.2d 517, 520
(1996). The Council ignored crucial details concerning the Adopted Plans for the parcel to be
rezoned, despite detailed testimony as to the history and intent of the West Colfax Plan. If the
question here was one of ambiguity, the question here for the Council should have been, What
was meant by the requirement that the tallest buildings be toward West Colfax? Even though
this question was not asked, it was answered by compelling testimony. Council chose to ignore
these facts and ignore the question altogether.
If there is a reasonable basis for the agencys interpretation, the decision may not be set
aside on this ground. Save Park County v. Bd. of County Commrs., 969 P.2d 711, 714 (Colo.
60.

App. 1998), affd 990 P.2d 35 (Colo. 1999). There were no findings which refuted the fact that
the 2006 West Colfax Plan ordinance called for any high rise development to be sited towards
Colfax nor were there findings that claimed that this rezoning was to provide land for a
community need that was not anticipated at the time of the adoption of the City's plan. No
reasonable basis for this interpretation was provided other than it is better than what is there
now and it will stimulate the right kind of economic growth.
But a court cannot allow an administrative agency to amend its regulations in the guise
of interpreting them. Id. The rezoning as presented to the Council by the Community Planning
and Development Department, omitted any reference to where the West Colfax Plan called for
siting the tallest buildings. The omission of this fact was an intentional attempt to amend the
regulation to appear to be in conformance to the ordinance to result in approval of the rezoning.
61.

62.
Lack of competent evidence occurs when the administrative decision is so devoid of
evidentiary support that it can only be explained as an arbitrary and capricious exercise of
authority. Freedom Colo. Info., Inc. v. El Paso County. Sheriff's Dep't, 196 P.3d 892, 899-900
(Colo.2008).
63.

Plaintiff has no other plain, speedy, and adequate remedy.

WHEREFORE, the Plaintiffs are entitled to a determination pursuant to C.R.C.P. 106(a)(4) that the
Denver City Council has abused its discretion and, that its decision in light of crucial and dispositive
facts which were intentionally ignored or omitted constitute arbitrarily and capricious behavior. The
Plaintiffs seek such other and further relief as deemed to be appropriate by this Court.
SECOND CLAIM FOR RELIEF
Request for Declaratory Relief
64.
Plaintiffs re-alleges and incorporate by reference the allegations set forth in paragraphs 1-41 of
this Complaint.
65.

All necessary parties are before the Court.

66.
There is no other adequate remedy available and all available administrative remedies have
been exhausted.
67.
The Plaintiff's seek declaratory relief, pursuant to the Colorado Declaratory Judgments Law,
C.R.S. 13-51-101, et seq., and C.R.C.P. Rule 57.
WHEREFORE, Plaintiffs respectfully request that this Court:
a. conduct judicial review under Colo. R. Civ. P. 106(a)(4) and hold that in approving the C-MX-12
zoning for Application #2014I00071, Address: approx. 1606 Stuart Street, the Denver City Council
abused its discretion, and lacks competent evidence for that decision based on the evidence in the
record of the February 17, 2015 quasi-judicial hearing;
b. declare invalid the decision of City Council under the above law and facts;
c. declare that approval of such a rezoning in defiance of language or intent of an ordinance sets an
intolerable precedent;

c. award costs and attorneys' fees as provided by law; and

d. grant such other and further relief as the Court deems just and proper.

Dated: March 16, 2015

Respectfully Submitted,
David Medina, Attorney at Law

_/s/
_____
Attorney for Plaintiffs
David R. Medina, 26509
4275 Kendall St., No. 24
Wheat Ridge, CO 80033
303.305.8098
groucho27@msn.com David Medina