We want to give everyone a clear update on where things currently stand in the Save Belmar Park case because there’s been a lot happening behind the scenes legally.
First, we are still actively in the Rule 106 appeal process.
What does that mean in plain English?
A Rule 106(a) appeal case is basically the only legal process we had left to challenge whether the city of Lakewood and Kairoi followed Lakewood’s own zoning codes and comprehensive plan when they approved this massive building. In our case, Save Belmar Park, Inc. is challenging Lakewood’s approval of the 777 S. Yarrow St. (Kairoi) development project. While we are all still deeply saddened and disturbed that the trees are gone and wildlife was harmed (Kairoi rushed to remove them almost immediately while litigation was still ongoing and unresolved), try to imagine what the park would be like if Kairoi begins construction: years of heavy equipment noise and ultimately a 6-story apartment building at the park edge that would forever alter the character of the park and its wildlife habitat. That is what SBP is fighting to prevent.
This case is NOT over, and the Rule 106 case is still under review by the judge and has not yet been decided. There is still active litigation happening behind the scenes, and we will continue updating the community as the process moves forward. The court is reviewing whether the approval process was legally valid and properly handled.
Second, Kairoi’s fee-in-lieu problem
Kairoi has a separate suit against the City of Lakewood to determine the ultimate fee-in- lieu that should be paid for the parkland dedication compensation. This relates to something many residents have noticed themselves: The site has largely sat dormant for a year after the trees and wildlife was destroyed. Until the fee-in-lieu is paid to the city, a building permit cannot be issued.
Something important came out in recent court filings that we can share:Kairoi recently asked the Colorado Court of Appeals to pause the fee-in-lieu appeal, where Kairoi is still trying to argue it should pay a lower fee than what the City assessed for the project.
They did this because they acknowledged that if Save Belmar Park wins the Rule 106 case, the current development approval could be overturned, which would make that fee dispute irrelevant.
In plain terms: Kairoi’s own attorneys acknowledged that a victory for Save Belmar Park Inc. could have major implications.
Their filing states:
“If the district court sides with Save Belmar, Belmar Owner’s application will no longer be approved…”
That is not our interpretation. It is Kairoi’s own statement to the court.
Third, Kairoi seeking compensation
Kairoi is currently seeking to obtain the $15,000 bond that Save Belmar Park, Inc. posted during the temporary restraining order last year, which is still being held by the court. That order was requested when we sought to save the seven remaining trees by preventing their destruction.
Kairoi is claiming more than $100,000 in alleged damages and attorney’s fees from the approximately two-week tree protection order. Yet more than a year later, construction has still not begun and Kairoi has not produced evidence proving the damages it claims.
Fourth, Kairoi contradictions:
Kairoi has repeatedly argued in the 106 case that the Save Belmar Park case is “frivolous” and should be dismissed. However, as noted above, in a separate appeal in their case against the city, Kairoi argued that the proceedings should be put on hold until the Save Belmar Park case is decided because the outcome could directly affect the validity of the development approval.
Kairoi cannot simultaneously argue that the Save Belmar Park case is so weak and meritless that it should be dismissed and that Save Belmar Park should pay Kairoi's attorney fees, while also arguing that the outcome of the case could determine whether the development approval remains valid. The case cannot be both insignificant and potentially consequential at the same time.
Finally, This is the part people should not lose sight of:
The Rule 106 challenge is still alive, still active, and still important because if we do win it would change what could happen at that site. But, there will almost certainly be more legal battles ahead and more appeals no matter who wins or loses this.
We know people are frustrated. We are too.
But the legal process is continuing, and we are still fighting and we will fight and appeal until we’ve exhausted all options possible.
Please continue to make a donation today and contribute whatever you are able. And share this information with friends, neighbors and family. For those of you who continue to donate, you lift our hearts with your support.
Thanks,
Save Belmar Park, Inc., Directors
