Lawsuit against Grove development dismissed

Judge sides with city in lawsuit over project

Posted 8/29/16

A lawsuit by a group of Littleton residents seeking to appeal the city's approval of a development will not move forward after a summary judgment was issued in favor of the city.

The group Advocates for Littleton had filed a lawsuit against …

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Lawsuit against Grove development dismissed

Judge sides with city in lawsuit over project

Posted

A lawsuit by a group of Littleton residents seeking to appeal the city's approval of a development will not move forward after a summary judgment was issued in favor of the city.

The group Advocates for Littleton had filed a lawsuit against Zocalo Community Development and the city and a trial was scheduled to begin Sept. 1, but Judge Kurt Horton issued the summary judgment late on Aug. 29.

“The lawsuit is over — we lost,” lead plaintiff Leah Burkett wrote in an email to her supporters.

The group opposed the city's approval of Zocalo's mixed-use senior apartment project at the corner of Littleton Boulevard and Bemis Street, called The Grove. Leah Burkett, who owns a house across Bemis from the site, filed the lawsuit on behalf of the group after city staff denied an application to appeal the approval to the Littleton Board of Adjustment.

Opponents of The Grove have said that it is too large for the location and that it should not have been approved without public input. The city said it met zoning requirements and was thus a use-by-right project.

Fallout from the approval of The Grove played a role in the city council's firing of Michael Penny as city manager. It also led to an unsuccessful attempt by City Councilmember Doug Clark to withdraw the project's permit, which drew a legal threat from Zocalo.

Under an ordinance that will have a second reading and public hearing at the Sept. 6 city council meeting, residential uses in the community business district will require a conditional-use permit.

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