FRIENDS OF DENVER PARKS, INC. v. DENVER

Court of Appeals No. 13CA1249.

327 P.3d 311 (2013)

2013 COA 177

FRIENDS OF DENVER PARKS, INC.; Renee Lewis; David Hill; Shawn Smith; John Case; Judy Case; Steve Waldstein; and Zelda Hawkins, Plaintiffs-Appellants, v. CITY AND COUNTY OF DENVER; Denver School District No. 1; and Debra Johnson, Clerk and Recorder for the City and County of Denver, Defendants-Appellees.

Colorado Court of Appeals, Div. A.

Announced December 26, 2013.


Attorney(s) appearing for the Case

Benson & Case, LLP, John Case , Denver, Colorado, for Plaintiffs-Appellants.

Michael Hickman , Molly Ferrer , Jerome DeHerrera , Denver, Colorado, for Defendant-Appellee Denver School District No. 1.

Douglas J. Friednash , City Attorney, David W. Broadwell , Assistant City Attorney, Patrick A. Wheeler , Assistant City Attorney, Mitch T. Behr , Assistant City Attorney, Denver, Colorado, for Defendants-Appellees City and County of Denver and Debra Johnson.


Opinion by JUDGE BERNARD

¶ 1 How does land in the city of Denver become a park? This appeal requires us to look at that question through two lenses: (1) Denver's charter; and (2) common law principles concerning the dedication of property to particular uses, such as parks. Once we have viewed the case through those lenses, we must then decide which one controls our analysis.

¶ 2 If a city's charter provides no guidance on a legal issue, courts look...

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