KARES has sent a response to the National Sierra Club challenging statements made in the Indian Peaks letter:

Dear Sierra Club,

I am with the KARES community group in Boulder Colorado.

There has been some recent debate in Boulder County Colorado concerning the termination of a 42 year old Conservation Easement.  The County was offered $2.32 million dollars by a developer to terminate the CE and allow high density urban construction.  

The original CE contract focuses on the preservation of Agricultural land agreed to by both the County and the property owner.  The word Terminate in the contract is a legal formality to be used only if under highly restricted conditions a CE termination would comply with the extensive Boulder County Comprehensive Plan and the Boulder County Land Use Code. Both of which direct the County to enforce Conservation and Preservation of landed assets.  IRS section 170(h), Treasury reg 1.170A-14(g)(6) and Colorado C.R.S. 38-30.5-107 also forbid the termination of Conservation Easements unless impossible to maintain the interests of the CE. 

In a rare divided vote, where the commissioners tend to vote as a block, the CE has been set for termination if the neighboring City of Longmont agrees to annex the property and allow for urban development. 

Due to the County's disturbing disregard for the multiple legal restrictions established in the BCCP and BCLUC a lawsuit has been presented to the Colorado District Court.

This issue affects the National Sierra Club because it violates your mission Statement,  To explore, enjoy and protect the wild places of the earth, to practice and promote the responsible use of the earth's ecosystems and resources.... And as stated by a ranking member of Ducks Unlimited. ...the precedent it sets is a cause for concern among our policy team and legal department given its potential far-reaching effects—it could become a national issue where developers try to throw money in whatever direction it takes to help them get what they want.

But more importantly we would like you to address a letter sent by your subordinate Indian Peaks Sierra Club to the Boulder County Commissioners on August 4, 2023. (see attached) The letter appears to be entirely unsolicited and promotes the destruction of this 42 year old Landed Treasure in favor of high density urban construction. 

Commissioner Stolzmann immediately challenged the numerous overstatements in the letter and received a reply where the author had to admit there was no guarantee the provisions presented in the development plan would come to pass.  When the developer was asked by a commissioner, at one of the Public Hearings, he verbally refused to guarantee the provisions he was presenting in his plan.  And as expected, Boulder County only placed two conditions in the final termination agreement, ignoring all the other promises presented in the development plan.

Members of the small group promoting this urban development tend to have a financial interest in it's completion.  However, they are now using the initial Indian Peaks letter to promote their agenda.  They conveniently ignore the follow up letter admitting the failure of the developer to guarantee the provisions laid out in his development plan.

We are currently investigating what incentives may have motivated an unsolicited letter from your subordinate chapter. Why is the Indian Peaks Chapter promoting the annihilation of a Protected Conservation Easement in conflict with your clearly stated national mission?

The legal basis we are pursuing in Colorado District Court is much more extensive than this email can encompass.  For a better grasp of our position please visit the research page on our website.  

A misinformation rebuttal page is currently under construction to clarify misstatements by politicians motivated by financial gain in the form of a multi-million dollar tax base and a $2.32 million dollar payment to the County.  Before placing the Indian Peaks letter on our misinformation page, where it will be aggressively refuted, we are offering the National Sierra Club an opportunity to provide clarification concerning what incentive may have motivated the issuance of this letter.

As mentioned above we are community group with over 500 website petition signers and growing daily. The community is so focused on stopping this abuse they have contributed over $40,000 to cover our legal expenses.

If your national organization finds the Indian Peaks letter was sent in error, we would be very appreciative of your support legally or otherwise.

Sincerely 

Norman Gee

For KARES

https://stopkanemotosubdivision.com/