City Council Files a Legal Challenge to half of the citizens’ Hughes open space ballot measure
Hello Friends!
Sadly, as promised in the November 17th City Council meeting, the City Attorney, by vote of City Council, has filed a lawsuit against half of the Hughes open space citizens' ballot measure. Named as defendants in the legal challenge are the PATHS nonprofit organization and the three citizens who volunteered their name as representatives of the citizens' petition.
In essence, here's the deal. The Public Open Lands ("open space") zoning aspect of the ballot measure is indisputably legislative, and will go to the citizens for a vote in April no matter what. However, the City Attorney and Council are attempting to sever the ballot measure by claiming the second aspect of the initiative is NOT legislative or allowable by citizens initiative, thereby attempting to remove the part of the initiative that directs the City to enter into earnest negotiations with CSU to purchase the property at fair market value.
For reference, here is the City's filing with the court:
https://drive.google.com/file/d/1a2bn-LdnT55U7jy5eBLOGILeA5HDKKKK/view?usp=sharing
It's quite sad and disappointing that the City Council has decided to challenge the citizens' initiative rather than adopt it outright as they could have on November 17th. Let's hope the City Council will file a legal challenge against CSU's misuse of SPAR with the same enthusiasm with which they've challenged its own citizens time and again over our fight to save Hughes. Again, to be clear, the zoning aspect will be on the April ballot for sure, and our attorneys are mounting a strong legal defense of the "fair purchase" aspect of the ballot measure as we speak.
We would like to send a resounding thank you, from the bottom of our hearts, to everyone who has donated to our legal fund thus far. We are eternally grateful for your assistance and for your tireless commitment to saving our Hughes open space! We will continue to keep you updated on news and developments as we get them! Please continue to help us reach our fundraising goal, and share this page with your network of open-space loving Friends, Family and Neighbors!
Warm Regards,
The PATHS Organizing Team
***PATHS is a nonprofit group, and our attorneys are staunch advocates for grassroots citizens groups like us! They have been, and will continue to be, instrumental in our strategy and in drafting our legal positions as we proceed in this fight to Save Our Hughes Open Space. We need your help. Please donate now to help us pay our attorney fees and continue our grassroots fight for Hughes Open Space for all. ***
Thank you. https://www.gofundme.com/f/help-conserve-hughes-open-space
