Update on SBP activities

We officially submitted our opening brief in the lawsuit in January after months of settling what the record should include for review. Save Belmar Park, Inc. - a grassroots nonprofit 501(c)(3) is going up against billionaire developer, Kairoi, out of Texas.

That’s a big milestone! It means the case is now fully in front of the judge, in writing, with the facts laid out clearly and on the record.In plain terms, this lawsuit is about holding the city accountable for how this decision was made. We’re challenging a process that ignored key facts, glossed over real impacts, and pushed through a decision that never should have been given the okay from the City.

To view the Opening Brief for the Lawsuit, click this link:

Opening Brief for Lawsuit

Why we’re confident in the case we’ve put forward—and why the record supports it:

In our opening brief, we point to clear, documented ways the city failed to do what the law requires. The zoning code says land-use decisions must be consistent with the Comprehensive Plan, yet the record contains no meaningful analysis of compatibility with the surrounding neighborhood or the park next door. Commissioners themselves raised these concerns during the hearing and never got straight answers. Instead of exercising independent judgment, the Planning Commission relied heavily on staff-prepared findings, and then voted 5-0 to approve it.

On top of that, the city’s explanations contradict each other throughout the record, which undermines their credibility. The city had multiple chances to fix these mistakes, but time and again they failed—showing poor decision-making and ignoring the rules they’re legally bound to follow.

Our case is not anti-housing. It’s about fairness, transparency, and following the law—especially when decisions permanently alter neighborhoods, parks, traffic, environmental impacts, and overall quality of life. When governments ignore significant public pushback and fail to follow their own rules, the only way to fight back is in the courts. That’s exactly what this lawsuit is doing.

What happens next: the other side responds, we reply, and the judge decides whether the city’s decision stands or gets sent back. There’s no public trial—just the record, the law, and whether the city actually applied it. We believe the record clearly shows the city misapplied its own ordinances and ignored critical requirements like the Comprehensive Plan.

Thank you to everyone who has donated, shared, and spoken up. Your support is the reason this case is even possible. Legal accountability isn’t cheap—but it matters. If you believe cities should be required to play by their own rules, especially when residents raise legitimate concerns, please keep supporting and spreading the word. Legal costs are mounting, and the fight against this billionaire developer and their three high-priced lawyers ramped up on Friday, January 23, 2026.

We’re not backing down—and we’ll go as far as we need to.Please SHARE this and make a donation today.

Update on activities at 777 S. Yarrow St

As of this writing, mid February, the building permit has not been issued.  Permits that have been issued are for: demolition of the original structure; Grading/erosion control related to the demolition only; temporary construction fence; various right of way permits to Xcel and others to remove or relocate existing utilities in the right of way.  There have been two permits (grading/erosion control and right of way) issued to the adjacent site of 605 S Yarrow St. to install storm water pipe required for the project.

At this time, City staff has not received any communication from Kairoi regarding their planned construction schedule. Before permits for on-site development can be issued, the applicant is required to complete the following:

• Install erosion control BMP’s

• Request & pass the erosion control inspection

• Submit required collateral funds

• Pay all outstanding fees collected at the time of building permit.  (Kairoi has appealed the court’s decision on the amount of fee in lieu that is owed to the city.)

Thank you,

Celia, Gail, and ReginaDirectors, Save Belmar Park, Inc.,

a CO non-profit 501(c)(3) corporation