KARES Update
Updated September 2, 2024
Hi KARES Community -
Our current update below includes a position summary and suggestions for your continued involvement.
You will also find a timeline of Previous Actions by KARES and the legal fees you have all helped to pay for.
STOP the Longmont City Council from voting to annex the CE property
EMAIL each City Council member encouraging a NO vote on annexation. Email links and helpful talking points can be found here.
Two Council members, Diane Crist and Sean McCoy, have advocated to support our position. Please be sure to thank them and ask them to continue supporting our position. The other 5 members need to hear your voice to prevent annexation and termination of the Conservation Easement.
Ask your family and friends to SIGN the petition here: Petition — Stop Kanemoto Subdivision.
Send our website to everyone you know everywhere in the country. A nationwide effort is required to establish a legal precedent to stop CE terminations not only in Colorado but across the country.
On August 15th, the Boulder County Commissioners voted to allow the City of Longmont to consider annexation of the CE land. The CE will only terminate if the City annexes the property.
No Annexation means No termination of the CE.
Our petition to show support for the preservation of the Kanemoto CE has received over 800 signatures.
DONATE
We are currently raising the money required to continue our legal case before the Colorado District Court. Our goal is to raise an additional $15,000 to $20,000 needed for legal fees.
We have posted four (4) roadside Banners. Each one is 3 ft by 15 ft. The more we post the more exposure we have to gather petitions and donations. Please help us find additional banner locations. Do you live on a corner lot, do you have an open wall on your business?. We will handle posting the banner and cover the cost out of our pocket. The cost is donated privately. Our donate page is ONLY used to cover legal fees.
A BIG thanks to everyone who has donated thus far.
Here is an update on our recent court case:
On September 12, KARES filed a lawsuit in Boulder County District Court contesting the Boulder Commissioner's decision to terminate the CE.
On October 5, Boulder filed a Motion to Dismiss our case.
KARES next filed a Motion to Disqualify the Judge on 10/23 and it was Granted. This was a WIN for KARES. A new judge has been assigned.
On November 9, Our attorneys submitted KARES' Response to Boulders' Motion to Dismiss our lawsuit.
The final Response from Boulder County was submitted on November 28.
On February 26, 2024, the judge ruled to extend the matter on the merits of our case! We have been granted Legal Standing!
This Order by the judge allows our case to proceed to a determination by the judge on the merits of our case. We now get our opportunity to discuss the failure of the County to abide by the language in the Conservation Easement. We believe our judge will be fair and balanced in hearing our argument that the County did not follow the law. The County agreed to and submitted the certified administrative record on April 15. There will need to be additional tasks completed by the legal team representing this court case. This is a huge victory for KARES and all of its Supporters!On May 9, our previous attorneys retired from the case. We have gained an experienced environmental attorney to continue presenting our case before the Colorado District Court.
KARES filed its Opening Brief on July 8 with the Boulder County District Court. Barring an extension, the County has until August 12 to respond. KARES will then file its Reply by 14 days thereafter. The Court will then review our case for merit and decide if the Boulder County decision to terminate the Conservation Easement should be vacated.
KARES has also received a $2,500 matching grant to assist with legal expenses. Every dollar you contribute will be matched up to the $2,500.
On August 9, Boulder County filed its Answer Brief with the Boulder County District Court.
On August 21, KARES filed its final Reply Brief with the Boulder County District Court.
The entire case has been presented before Judge Gunning. The Court will review our case for merit and decide if the Boulder County decision to terminate the Conservation Easement should be vacated. The date for a final decision is unknown. The Court determines its own time line.
The KARES lawsuit has effectively stalled the City of Longmont from continuing with its annexation plans. But they are only waiting for the legal decision. We need to continue the political pressure with your emails to each city council member.
The Attorneys are doing a fine job but they are expensive. A $25 donation, whether less or more, would be greatly appreciated.
Another BIG thanks to ALL of the KARES members who have donated their time and money to support our cause. We have raised over $43,000 so far for our legal action. Additionally, many of you have donated countless hours researching and advancing our case to reduce our legal fees. Hundreds of you have sent emails, signed the petition, created and placed banners, and printed and distributed placards. One KARES member donated our website. We are grateful for all of the ways the KARES community is coming together to get the work done. Thank you!
Including our current GoFundMe collections and additional private funds not listed on the GFM page, we have paid out over $50,000 in legal fees over 2 years. The remaining legal fees are estimated to reach another $15,000 to $20,000. All the funds you have contributed to the GoFundMe page are used exclusively for legal expenses.
Time Line of Actions to Preserve the Kanemoto Conservation Easement and potentially set a legal precedent to stop this government abuse on a Statewide and National level:
3/28/22:1st Neighborhood Zoom Meeting
Announces potential CE termination. Approx 50 households attended. Potentially 100 residents.
Multiple email communications with Longmont Planning Dept by KARES and other residents.
5/24/22: Developer's Concept Plans submitted to City of Longmont
Multiple email communications with National Environmental groups.
5/24/22: KARES Core team begins consideration for Attorney involvement
6/2/22: Retained Law Firm, Weiner and Cording
Attorneys review extensive legal documentation.
6/3/22: KARES CORE Team begins meeting every Friday evening
Time consuming research and community contacts begin. Including meetings with Community HOA, Boulder Conservation administrators, and other adjacent neighborhood groups.
6/14/22: Go Fund Me Page launched
Beginning Sept 2022
Extensive analysis presented to attorneys, politicians and Attorney General concerning, Charitable Trust Law, the 3 Kanemoto Legal documents, Boulder County Comprehensive Plan, Intergovernmental Plans, Boulder Land Use Code, etc...
9/19/22: Political exposure begins with Council candidate and advocate for preservation, Gary Hodges
9/19/22 to 10/24/22: Email and verbal consultations with nationally recognized CE authority
KARES attended Dept of Transportation meetings to provide CDOT with essential information concerning estimate of 3,885 additional automobile trips on Airport Rd and the highest accident rate in Boulder County at Airport and Rt 119. Read the traffic report.
1/26/23: 2nd Neighborhood Zoom Meeting
Developer expands building request from 358 to 426 units. Approx 50 households attended. Potentially 100 residents.
3/15/23: Boulder Planning Commission meeting. 2 hours.
Attorney presence with submission of legal documentation.
52 opposition emails including analyses of extensive violations of County codes and regulations.
16 Verbal opposition presentations from KARES members
Boulder attorneys declare amount of financial offer by Developer to purchase the CE as proprietary. KARES attorneys reject this statement and demand the amount be released as public information or a court petition will be filed. Boulder backs down and admits the Developer has offered Boulder County $2.32 million dollars.
Multiple email communications with the Colorado State Attorney General beginning in Sept 2022.
6/14/23: Personal in office meeting. State Attorney General's office.
Attorney presence to support legal research.
KARES Core Team presents extensive legal research.
Attorney General office takes issue under consideration.
7/6/23: 1st Boulder County Commissioner Meeting. 5 hours. Commissioner Ashley Stolzmann sides with KARES.
Attorney presence with submission of legal documentation.
96 opposition emails including analyses of extensive violations of County codes and regulations.
19 Verbal opposition presentations from KARES members.
8/15/23: 2nd Boulder Commissioners Meeting. 3 1/2 hours. Commissioner Ashley Stolzmann continues support for Conservation Easement preservation.
Attorney presence with submission of legal documentation.
69 opposition emails including analyses of extensive violations of County codes and regulations.
15 Verbal opposition presentations from KARES members.
9/12/23: KARES files Court case in Colorado District Court
10/5/23: Boulder County Files Motion to Dismiss our legal complaint
10/14/23: Web Page published
October, November 2023: Roadside Banners placed
10/23/23: KARES Attorneys filed a motion to have the judge recused due to potential conflict of interest. Judge agreed to recuse herself. New judge appointed.
Nov 2-5/2023: Flyers distributed
Prior to November 7 election, City Council candidates were put on notice to deny Annexation/Termination of the Conservation Easement. Candidates were asked to place their positions regarding CE preservation on the website.
11/7/23: Two (2) candidates elected who agree to preserve Conservation Easement
11/9/23: Our Attorneys filed a detailed Legal response to Boulder County's Motion to Dismiss our case
11/28/23: Boulder County filed their final legal response
2/26/24: Court Order to extend Legal Standing to KARES
4/4/24: KARES becomes sponsored by the Conservation Easement Preservation Society (CEPS), a tax-exempt 501(c)(3) non-profit
5/9/24: Karen Breslin, an experienced Environmental attorney, takes position as our new legal counsel
7/8/24: KARES filed its Opening Brief with the Boulder County District Court
8/9/24: Boulder County filed its Answer Brief with the Boulder County District Court
8/21/24: KARES filed its final Reply Brief with the Boulder County District Court
The KARES lawsuit has effectively stalled the City of Longmont from continuing their annexation plans. But they are only waiting for the legal decision. We need to continue the political pressure with your emails to each city council member. Click here to write an email on behalf of KARES to the Longmont City Council.
THIS IS VERY IMPORTANT. Even if we should lose the court case we can still stop this abuse by politically pressuring the City Council to deny annexation and termination. Please use the Advocate Page to write to each Council member.
The Attorneys are doing a fine job but they are expensive. A $25 donation, more or less, would be greatly appreciated.
Thank you for being a part of the team.
Donate to KARES
All donations are for legal fees only
Sign the petition
Signatures will be sent to Boulder County Commissioners and Longmont City Council