Press release

KARES, Plaintiffs File Appeal, Aiming to Overturn Boulder County’s Decision to Destroy Conservation Easement

ISSUED BY: Keep Airport Road Environmental and Safe (KARES)

KARES is sponsored by The Conservation Easement Preservation Society (CEPS), a 501(c)3 non-profit.

FOR IMMEDIATE RELEASE

DECEMBER 30, 2024

LONGMONT, COLORADO - Keep Airport Road Environmental and Safe, or “KARES,” and its Plaintiffs have filed an appeal in the Colorado Court of Appeals that aims to overturn District Court Judge Michael Kotlarczyk’s decision siding with Boulder County to allow the Kanemoto Estates Conservation Easement to be terminated if voted to be annexed by the City of Longmont. 

KARES’ lawyer, Karen Breslin, states, “We continue to believe that the law does not support the Board of County Commissioners' two-to-one decision to terminate the easement and we look forward to raising those arguments with the Colorado Court of Appeals.”

According to the Legislative Council of the Colorado General Assembly in an Issue Brief published on October 29, 2024, “A conservation easement is a voluntary legal agreement between a landowner and a charitable organization or government entity that permanently protects scenic or agricultural open space, natural habitat, or recreational areas. These agreements can be tailored to preserve the specific qualities tied to the property, allowing it to remain under private ownership and control while limiting future use and development. For example, some agreements may preserve traditional land uses such as family ranching or farming.”

Such is the case with the Kanemoto Estates Conservation Easement. This land is protected because it is important for agricultural use. The Boulder County Commissioners ignored the land's undeveloped value to current and future generations in favor of a highly-dense subdivision that will destroy the area's natural beauty. 

 “The whole point of a conservation easement is that the land be protected in perpetuity and residents and nearby landowners expect just that,” says KARES and its Plaintiffs.  

The Conservation Easement Preservation Society, or “CEPS,” the 501(c)3 non-profit fiscally sponsoring KARES, currently has $4,800 pledged from generous community donors. CEPS needs a total of $9,600 to fund all legal expenses related to the appeal. Tax-deductible donations may be given at www.stopkanemotosubdivision.com.

CEPS’ Executive Director, Scout Ennis, says, “CEPS continues to financially support KARES and its Plaintiffs because of the threat this termination poses not only to the Kanemoto Conservation Easement but also to other treasured conservation easements in Colorado. We are proud to continue financially supporting this lawsuit while it is presented in the Colorado Court of Appeals.”

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For press inquiries, please direct your email to info@stopkanemotosubdivision.com.

Download the press release.