Save South Park by Concerned Homeowners of Park County - rezoning for mining

www.gofundme.com/savesouthpark

The Concerned Homeowners of Park County Google Group (more info and join here) has launched a project called Save South Park to oppose the August 17, 2017 decision by the Park County Colorado Commissioners to rezone residential property which now permits hard rock mining at the Fairplay AU Pit north of Fairplay (Resolution 2017-45 ). The images above are from 1964 and 2017. Which represents your vision for the future?

The Save South Park project is raising funds for legal assistance to appeal the County Commissioners' resolution under Colorado Rule of Civil Procedure 106(a)(4), which provides that decisions rendered by government bodies are reviewable by district courts.

WE MUST RAISE $15,000 IMMEDIATELY FOR THE LEGAL RETAINER. WE MUST FILE SUIT BY SEPTEMBER 14, and our attorney needs a commitment this week to file. We already have about $6,000 pledged as of 9/4. We think the total cost for the appeal will be approximatelty $50,000.

Join the Google Group to stay informed. We will be having regular meetings, and will likely be forming a non-profit organization to protect the property rights of all South Park residents. Get involved! Help Spread the word!

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To join the Google Group, go to: groups.google.com/forum/#!forum/concerne...wners-of-park-county

You will need to sign in to your Google account and click "Join this group"

The update from the GoFundMe link says:

Thanks to your help, we have filed the lawsuit to overturn the BOCC zoning decision.

We have two new ways to stay informed: www.savesouthparkco.org and a Facebook page at www.facebook.com/concernedhomeowners/

Tonight at 10, Denver Channel 7 is covering the struggle between mining and residents.
Preview video: www.facebook.com/DenverChannel/videos/10155872012458271/

PRESS RELEASE - FOR IMMEDIATE RELEASE

Park County Contact: Tom Eisenman, County Manager
719.836.4203
This email address is being protected from spambots. You need JavaScript enabled to view it.

COURT RULES IN FAVOR OF PARK COUNTY IN SAVE SOUTH PARK, INC v. PARK COUNTY BOARD OF COUNTY COMMISSIONS

Fairplay, Colo. (September 17, 2018) –

On September 12, 2018, Park County District Court Judge Steve Groome rendered a decision on the litigation between Save South Park, Inc and various individuals (Plaintiffs) and the Park County Commissioner’s and High Speed Aggregate& Mining.

In September of 2017 the Plaintiffs filed a civil case asking the Court to reverse the Commissioners’ decision approving a zoning change for a 28 acre parcel of land located just North of Fairplay from Residential to Mining.

The Plaintiffs made several initial claims, such as but not limited to, violating the Colorado Open Meeting Laws, not following the fundamentals of due process, and ignoring evidence related to the Commissioner’s decision to rezone. Three of the Plaintiffs’ four claims against the County were dismissed by the Court in January. On Wednesday the Court entered its final ruling in the case a copy of which is attached.

The Court ruled in favor of the Commissioners and High Speed on all points. Specifically the Court held that there was no evidence that the Commissioners violated the Colorado Open Meetings Law, that the application for rezoning filed by High Speed was legally sufficient, that the rezoning of the 28 acres in question was not “spot zoning,” that the Commissioners did not abuse their discretion by approving the rezoning, and that the resolution approving the rezoning did not lack sufficient detail for court review. The decision of the Commissioners to grant the rezoning was therefor affirmed.

The Court also awarded the Commissioners and High Speed a portion of their attorney fees incurred in defending the case, holding that the Plaintiffs filing of a motion for temporary retraining order and preliminary injunction, and three of the four claims for relief asserted by Plaintiffs were “groundless and frivolous”.

For editorial information, please contact Tom Eisenman, County Manger, at (719) 836-4203 or via e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. .

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Ruling