Court battle over baseball field may go into extra innings

The baseball field at Coyote Gulch Park remains fenced off as construction continues.

JEFFERSON COUNTY – A homeowners group is considering an appeal of a court against their lawsuit to stop construction of a baseball field at Coyote Gulch Park in Lakewood.

“We have invested a lot of money already in the expense of this and we fought extremely hard, extremely smart,” said Michael Sidebottom, spokesman for the Coyote Gulch Homeowners Association.

The HOA, unless persuaded otherwise by their attorney, plans to appeal District Judge Jane Tidball’s ruling dismissing the lawsuit filed by the Coyote Gulch HOA, Sidebottom said Monday.

Tiball last week ruled that the HOA lacks standing to challenge the city’s plan to build a ball field at the park.

The ruling comes after a 10-month battle that began when plans for the proposed field resurfaced after lying dormant for years.

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 they 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.

Sidebottom, who was president of the Coyote Gulch HOA when the ball field issue became contentious, said Tidball’s decision was “extremely unfortunate.”

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.

“(City manager) Mike Rock, despite all that and risking the city’s money to return the field to it’s original nature, elected to not only proceed with construction, but actually expedite it,” after the lawsuit was filed, Sidebottom said.

The field, which will cost about $600,000, 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.