Judge dismisses lawsuit over Coyote Gulch baseball field

Fencing and signs at the site of a controversial baseball field at Coyote Gulch Park.

JEFFERSON COUNTY – A homeowners group this week lost a legal battle to stop construction of a baseball field at Coyote Gulch Park in Lakewood.

District Judge Jane Tidball dismissed a lawsuit filed by the Coyote Gulch Association, ruling the HOA lacks standing to challenge the city’s plan to build a ball field at the park. Unless the group appeals Tidball’s decision, the ruling apparently ends a protracted battle that began last summer when plans for the proposed field first became public.

Dozens of nearby residents objected to the proposal, which was compiled by city staff under provisions of a 1995 Master Plan. That plan includes the ball field and two schools with adjacent parking lots.

The opponents, who complained had no input in the redesign of their neighborhood park, flooded City Council meetings in protest and the debate quickly became as much about the lack of public notification and participation as about the ball park itself.

Attempts to contact officials of the Coyote Gulch Homeowners Association were unsuccessful Saturday.

City Councilman Adam Paul, who represents the Coyote Gulch area, said he is “pleased” with the ruling.

“But I am disappointed the whole process had to come down to this (a lawsuit),” Paul said. “Neighborhoods should not have to sue the city.”

Construction of the ball field began even before Tidball’s ruled on the HOA’s lawsuit, which also sought an injunction to keep the site untouched until the lawsuit was resolved.

The field, which will cost an estimated $805,000, will be used for organized leagues.

Part of the cost comes from a Great Outdoors Colorado grant of $200,000 and a Jefferson County Open Space allocation of $350,000. Businesses and other donors have pledged at least $50,000.

The site plan includes the baseball diamond, bleacher seats and a 67-space parking lot.

Paul said he began pushing for the facility because his district – Ward 4 – has 400 youngsters in organized baseball leagues, but only two other diamonds.

“That’s what drove my interest in it,” Paul said. “This will be a good deal for our kids.

But many of those who live near the field believe it won’t be a good deal for the neighborhood.

They worry about increased traffic, noise and trash the site will generate. They have concerns about the ball field’s impact on the park’s wildlife. And they question the cost of the field.

They also want to protect their property values and safety.

Judge Tidball recognized those concerns in her ruling, saying as plaintiff, the HOA met the legal hurdle of proving “an injury” should the site be developed according to plan.

“”Improvements at Coyote Gulch will cause damage to the existing open space  and negatively impact the character and natural beauty of Plaintiff’s adjoining land.”

But Tidball’s ruling goes on to say “Plaintiff’s injury does not affect a legally protected right.”  That, her ruling said, leaves the HOA without standing to pursue the lawsuit against City Hall and Jefferson County.

Tidball did not grant the city’s request that the HOA be forced to pay Lakewood’s legal expenses associated with the case.