New Year Litigation News

A Cold New Year's Night

First -- the good news. Golden has prevailed in a lawsuit regarding a sales-and-use tax assessment for equipment, software, and tangible personal property owned or sold by IBM in Golden between May 1, 2003 and December 31, 2005. As a result, Golden has additional, one-time-only revenue available to invest in our city. Kudos to our City's crack audit team.

The other major 2012 litigation result, however, was disappointing. As everyone has probably heard by now, the federal district court ruled against the claim of Golden, Superior, and two environmental groups that the Fish and Wildlife Service improperly decided to transfer Rocky Flats Wildlife Refuge land to the Jefferson Parkway Public Highway Authority. Though a win certainly would have been preferable, we knew from the start we were facing an uphill battle. Whenever a federal agency decides an issue within its expertise, it has all the presumptions in its favor. The reviewing court does not have to agree with the agency's decision. It only looks to see whether the agency had a reasonable basis for reaching its result. We believe that the Fish and Wildlife Service's decision was so flawed as to be reversible, but the district court disagreed.

In response to the judge's decision, the other plaintiffs took a spunky and aggressive approach -- filing an immediate appeal and a request to enjoin the land transfer until the appeal is decided (relief that is rarely granted). The 10th Circuit Court of Appeals issued a temporary injunction, allowing itself time to review the district court's 96-page opinion and hear from the opposing side. The opposition filed its brief and the Court of Appeals entered an order denying the injunction. Though the complicated land transaction closed yesterday, the other plaintiffs' appeal may still proceed. Golden has not yet decided whether to join in the appeal. Our litigation counsel will provide a status report at the January 10 city council meeting.

The court's decision allowed the parkway to clear one hurdle, but the proposed road still faces significant obstacles. As the interim director of the Parkway Authority, Bill Ray, acknowledged in a public statement, this is "only one step in a very long process" and the Parkway has"no guarantee of success [because there is] permitting that needs to be done, environmental reviews to be gone through, engineering work to be performed."

While the lawsuit was pending, Golden council and staff worked to protect our city's interests in other ways. We held a community transportation conversation to evaluate possible 6/93 corridor designs that are consistent with residents' vision for our small town. Based on the parameters emerging from this outreach, we engaged in productive discussions with neighboring communities and the State to identify collaborative engineering solutions. Our goal:  address regional transportation needs while enhancing the connectivity of Golden neighborhoods along the corridor, preserving views of the mountain backdrop, maintaining reduced speeds, and minimizing highway noise.

In sum, the result of the lawsuit does not mean the Jefferson Parkway will be built in the near future. And even though Colorado transportation funding is severely constricted, Golden is making headway toward a regional consensus on how roads through our town can and should be designed to meet our community values. For more details, tune in to council's January 10 meeting.

 Happy New Year to all.