Volume 31 • Number 42 • September 12, 2013
What’s Inside Page 3
‘Fish out of water’ carries double meaning in Silent City
Page 11
13th Annual Taste of the Tech Center Sept. 18
Page 13
Millbrook puts the ‘home’ back in assisted living
Don’t Miss:
community excited • Business by CSU announcement Page 3 Roast & Toast for Colorado • Bo Cottrell Sept. 20 icon Page 14 Pirates win first • Englewood home game 31 – 18
Page 15
Index
Page 5..................................Opinion Page 8............................ Classifieds Page 10..................Service Directory Pages 12-17........................Fleurish Pages 18-25..........................Legals
TheVillagerNewspaper @VillagerDenver
www.villagerpublishing.com
303-773-8313 • Published every Thursday
Judge files order in Landmark trial supporting HOA By Tom Barry Arapahoe County Judge Donald Marshal has issued a decision favoring Landmark Towers Association in its lawsuit against UMB Bank, Colorado BondShares and the Marin Special District trial. The weeklong trial began the week of July 29. Petitioners with the Landmark homeowners association were represented by Brian Matise of Burg Simpson. John McNamara represented the other side. “The court finds that the persons who had entered into purchase agreements for Landmark units were not eligible to vote in the bond election held Nov. 6, 2007…,” said Marshall in his 28-page order. “… Based on the foregoing findings of fact and the rules of law above stated, this court finds that petitioner is entitled to a declaratory judgment that the tax assessment made by Marin is illegal and to an injunction prohibiting the assessment and collection of the tax.” Marshall wrote that the petitioner is entitled to a declaratory judgment in the amount of $384,611 that must be refunded with 10 percent annual interest. “The court now enters a mandatory injunction requiring Marin to develop a refund plan as provided by [the Colorado Taxpayers Bill of Rights] identifying how the refund and interest shall be paid to the affected taxpayers.” Respondents are expected to appeal
Arapahoe County Judge Donald Marshal issues a decision favoring Landmark Towers Association. Photo by Tom Barry
TABOR revisited
The petitioner’s lawsuit had used the Colorado voter-approved Taxpayers Bill of Rights or TABOR to question the validity of the Marin Special District. The respondents in their defense of the issue cited various statutes Continued on page 6
Centennial keeps panhandling off streets New ordinance aimed at safety
By Peter Jones Centennial has taken steps to curb panhandling – literally. In response to concerns about traffic hazards, City Council has passed new restrictions on where street solicitors of all kinds can stand while plying their trade. Under an ordinance passed Sept. 3, it is now unlawful to seek money or a “thing of value” from an occupant of a vehicle while standing on a road’s median or by entering the traveled portion of a street, including the shoulder. Roadside solicitations are also prohibited on highways in the state system and anywhere that the vehicle in question cannot safely move into a legal park-
ing area. The restrictions are expected to bring Centennial into line with similar ordinances in such neighboring south metro communities as Greenwood Village, Englewood, Lone Tree and unincorporated Douglas County. “Because we are surrounded by municipalities that are doing something about this, we then get the overflow and we become the destination. If you’re hopping the light rail to panhandle in the south metro area, you’re going to come here because we’re a little late to the party,” District 3 Councilwoman Rebecca McClellan told her colleagues before the 7-2 vote. As a matter of legal consistency, Deputy City Attorney Maureen Juran said the restrictions being imposed on panhandlers will also be applied to more tradition-
al fundraising efforts, such as the annual “Fill the Boot” campaign conducted by local firefighters on behalf the Muscular Dystrophy Association. “We feel this ordinance passes First Amendment constitutional muster. We believe it is narrowly tailored to address a specific government interest and it’s appropriately content-neutral,” she told the council. Even so, Juran did not think the ordinance would apply to petition signature gatherers because she did not believe a signature would be considered a “thing of value,” though she said that decision could ultimately be left to a judge. Still, the two opposing councilmembers – District 1’s Rick Dindinger and District 2’s Keith Gardner – thought the ordinance went too far.
“I think there’s times when someone on the street can safely collect money from an individual and someone can roll down the window and hand that money to them,” Dindinger said. The official was also concerned about the potential impact on those expressing political messages on the streets of Centennial. “There’s absolutely no need for someone to pull over and complete the transaction,” he said. Violations of the ordinance will be considered a “minor offence,” meaning jail time would not be an option for offenders. Bureau Chief Vince Line of the Arapahoe County Sheriff’s Office does not expect his department to be “proactive” in its enforcement. “What this does from a lawenforcement perspective is to give us a tool if we need it,” he told the council.