County Attorney David Hughes On RMCC Expansion
By Betty Parham
In February, Boulder County commissioners denied an expansion request from the Rocky Mountain Christian Church (RMCC). As a result of that decision, the county and the church have each filed lawsuits.
Both the RMCC and the county were contacted for this article. RMCC representatives declined to comment. What follows is a Q&A with Deputy County Attorney David Hughes, who answered the Courier’s questions concerning the current legal controversy.
Q. What is the central issue in this case?
A. At this point, there are actually two cases. One is a declaratory judgment action filed by the county and the other one is a lawsuit Rocky Mountain Christian Church, or RMCC, filed against the county that argues, among other things, that the county’s ruling against the church expansion violated the Religious Land Use and Institutionalized Persons Act. (RLUIPA). One of the issues is how does the court prioritize the two lawsuits.
The county raised a number of arguments in its motion to dismiss RMCC’s lawsuit, one of which is that it was premature for RMCC to bring its claim against the county. In the declaratory judgment lawsuit, the county is basically asking the court to declare that the decision made by the county on the special use application does not violate RLUIPA. The commissioners have said that they will modify their decision if the court finds the decision would be a RLUIPA violation.
The county does not believe that its decision violated RLUIPA, but it is in a bind because the Congress and the courts have not given a lot of guidance on the meaning of the law. The commissioners wanted a declaratory judgment so they could get some guidance now and in the future.
Q. Can you briefly explain RLUIPA?
A. RLUIPA basically says that the government cannot place a substantial burden on religious practice without a compelling governmental interest and that any limitations that cause a substantial burden must be done in the least restrictive manner.
Q. Is this case basically a local matter or do you think it will have a national significance?
A. The issue of RLUIPA, both how it’s applied and whether it’s a constitutional statute, is of great interest throughout the country. Eventually, the US Supreme Court is going to have to decide some of these issues. Whether it will be our case that is significant or another case I can’t say.
Q. Are there any other current cases being litigated involving RLUIPA?
A. As far as we know, we are the first jurisdiction in the country that has filed a declaratory judgment action regarding RLUIPA. However, numerous RLUIPA cases are being litigated throughout the country.
Q. What would be the best outcome for the county?
A. For a number of reasons, the county believes RLUIPA violates the United States Constitution. RLUIPA results in the federal government interfering with local land use decisions that traditionally have been left to local governments. The county’s elected officials, not the people in Washington, best represent the interests and desires of Boulder County citizens.
Through a long, concerted effort of comprehensive planning, intergovernmental agreements, land use regulation and open space acquisition, the county has worked to create an ideal living environment for its residents.
The county recognizes and respects the many important works of religious institutions, but sweeping legislation that threatens to undermine years of careful land use planning by local officials is not necessary to support these good works.
In making land use decisions, the county must balance the needs of religious institutions with the needs of other private property owners and the local community. RLUIPA, as it stands now, makes it difficult for the county and local governments throughout the country to do that. So, in the long term, the county would like to see RLUIPA declared unconstitutional or substantially modified by Congress.
In this case, however, the ideal outcome would be a resolution that allows RMCC to accomplish its goals, satisfies neighboring landowners and is consistent with Boulder County land use regulations. That’s the kind of balance the county is always trying to achieve.
Q. What could be the local impact if the county loses this case?
A. It’s possible that this case could affect the county’s ability to administrate its land use code in its current form and allow property uses that private landowners never expected to see next door.
The county really doesn’t view this as a case between the county and RMCC. We are not just talking about the property rights of RMCC, but also the property rights of the surrounding property owners and the neighboring community. The county is in the middle of it.
Q. Do churches get any special treatment in their dealings with the county regarding policies, ordinances or zoning or are they treated like any other entity?
A. Public schools are exempt from state and local land use regulations. Churches do not have that exemption. I don’t think there are any provisions in our land use code that exempt churches from anything that would be required for similar land uses.
Q. Is the county willing to take this case to the limit – to the Supreme Court if necessary? How much do you think it would cost the county to take this all the way?
A. We can only take it one step at a time. Right now, we are early on in the litigation. The county thinks its positions are correct. It’s difficult to talk about what may or may not happen in the future since there are so many variables. It’s a case that could last a short time, but it could also last a very long time.
It certainly would be a concern for the county if the plaintiff is successful. In that event, RMCC may be entitled to its attorney’s fees, which could be a substantial amount of money.
Q. Where does the case stand today?
A. We are waiting for RMCC to file its answer to the county’s declaratory judgment claim and for RMCC to file its response to the County’s motion to dismiss the RLUIPA claim. Those should come in around May 15.
Q. People are very sensitive lately about the role of government and how it can affect the private ownership of property. How would you answer critics that say, “It’s the church’s property and they can do what they want with it.”
A. Government does need be very conscientious when it comes to regulating property. It needs to keep in mind that there are competing private property interests at stake in almost every decision: those of the applicant and those of the surrounding property owners.
The United States Supreme Court has long recognized that nobody has the right to do “whatever they want” with their property. If property rights were unlimited, it would be impossible to plan orderly communities where people can live in quiet enjoyment of their homes.
In the case of RMCC, the county has approved numerous prior land use applications that have allowed the church to grow and prosper in a manner consistent with county regulations. Its most recent application was for a use that the county believes was well beyond what was permitted by county regulations.
The county believes RMCC needs to comply with applicable regulations just like every other private landowner in the county.
By Mary Wolbach Lopert
With
Whistle Stop Park named and dedicated, all that’s left is saying
“thank you.” At the head of that list is Pam Martin from Boulder
Creek Events.
Martin said, “I have a lot of heart-felt well wishes.” She wanted to specifically thank the following people and businesses for donating items for the winner’s gift basket as well as their time:
· Boulder Creek Events - gift certificate from the Eye Opener
· Niwot Market – gift certificate and a jar of Colorado jam
· Le Chantecler – gift certificate
· Rockin’ Robin’s – gift certificate
· Make Scents! – incense, bath salts, soap and the prize basket
· Lemon Drop – tea gift box sampler
· NBA/Niwot Historical Society – Jane Langdon tee shirt
· La Cavasita – coupon and wine towel
· Rosahnda LLC – card with caboose picture on it
· Niwot Inn – antique post card
· Selene Hall/Bank of the West – donated time
· Biff Warren/Warren and Carlson – donated time
· Neal Anderson/ NCA –- donated time.
Contest winner Walter Hollis Smith summed up the event best when he said, “At the newly created Whistle Stop Park, the community can now enjoy the Niwot Farmers’ Market and concerts at the bandstand. It’s all about greater community participation and quality of life.”
Photo by Curtis Jones
Name the park contest winner Walter Hollis Smith
By J. Svendsen-Delaney
Diane Atwood, owner of Niwot Antiques on Main Street, is the force behind many Niwot endeavors like the Lobster Bash and the willow tree carving project. Her enthusiasm, generosity and devotion to Niwot make her this month’s Left Hand Laurel.
Pat Murphy of Niwot Real Estate said, “Diane is eager to be the first to volunteer and plan activities for this community.”
Liz Darling of Le Chantecler said, “Diane is a vanguard, like Mel Gibson of ‘Braveheart.’ She willingly takes on tasks and responsibilities regardless of the obstacles or if anyone is willing to follow her. She takes risks and spearheads innovative projects.”
Last year, Atwood sponsored a coat drive, collecting used coats for the Arapahoe tribe in Wind River, Wyo. Atwood, along with Judlyn Carlyle, Liz Darling, and Sandra Petruccelli, delivered the coats.
“The people of this community were wonderful,” Atwood said. “You should have seen the beautiful coats they donated.”
The group plans to expand the enterprise to benefit even more people. “It will be wonderful if it comes to something bigger. My endeavor was small compared to what could be,” Atwood said.
Tim Wise of Wise Buys Antiques said, “Diane has put a lot of energy into doing things that have generated activity and motivated interest in our town.” Atwood rents space for Niwot Antiques in the building Wise and his wife Carrie own. Wise added, “The Lobster Bash has been a boon for Niwot.”
Atwood came to Niwot from Camden, Maine in 1996, after visiting her youngest son, James, who was attending the University of Colorado. Atwood’s entire family, including two other sons, Sam and David, still live in Maine.
“I fell in love with the area immediately,” Atwood said. “There is an inexplicable feeling of being nurtured here.” Atwood first opened Elysian Fields at 79th Street and Niwot Road, then in 2001 took over Jim and Irma Knoch’s space at the Niwot Antique Emporium, managing 40 dealers. She moved Niwot Antiques into its current location in October, 2005.
Atwood continues to host a monthly auction under the Elysian Fields name. Recently, auction goods came from a man in New Orleans who chose Atwood because his Louisiana property was located near a park called Elysian Fields.
Gail Anderson of Curves said, “Diane loves Niwot and she is community minded. She’s a beautiful person, genuinely interested in helping our town succeed.”
Atwood is concerned about the future of Niwot. “We need to find a way to draw people to the area, and when they get here we’d better have something going on,” she said.
Sandy Petruccelli has known Atwood for 10 years. She commended Atwood for her deep knowledge of antiques as well as for her passion and fortitude. “I have to tell her to stop thinking sometimes, because every morning she wakes up with something new to do for Niwot and it’s always this major ordeal.”
Petruccelli and Atwood brought Cottonwood Square Shopping Center and Old Town Niwot together when they organized the first big Christmas parade in 1999.
Pat Murphy said, “She helped grow the Christmas parade to what it is today.” Although Santa hasn’t disembarked from the train in recent years, the celebration remains a community favorite.
With a fine arts degree from Suffolk University in Boston and an interior design degree from New England School of Art and Design, Atwood is the perfect person to champion the willow tree carving project.
“The project will put us in touch with our history and also the beauty of the Arapahoe people,” Atwood said. The final decisions for the project will be made in concert with the sculptors’ visions.
Anne Dyni was in charge of getting approval from the elders of the Arapahoe Nation, assuring them that the project’s intent is to pay homage and not solely to promote the town.
Atwood anticipates that when the project is finished, Arapahoe elders will be invited to bless the work, perhaps as part of a festival including Native American food and performances.
Atwood’s family in Maine is constantly trying to get her to move home again, but her response is, “I have developed a nice network of friends who are like family here. It would be very hard to leave, no matter how much I love my family in Maine.”
Her latest idea is a Niwot sugar beet festival complete with games and a parade in the spirit of the Mardi Gras. “Something that will bring lots of laughter to the town,” Atwood said.
Photo by J. Svendsen-Delaney
Diane Atwood with grandson Samuel James Atwood and Eleanor Roosevelt.
Gunbarrel West Site Recommended For Intermediate Station
By Claire Chase
The big news out of the April 17 FasTracks Diagonal Working Group meeting is the recommendation of the Gunbarrel West site for the intermediate station location. RTD Project Manager Chris Quinn and URS Consultant Project Manager Tim Baldwin reviewed project information and recommendations, then addressed community questions.
Jean Swanson of URS discussed the latest development in the FasTracks Longmont Diagonal Rail Project. Of four potential station sites being considered along Hwy. 119 in Gunbarrel and Niwot, the Longmont Diagonal Rail project team plans to recommend the Gunbarrel West site.
The project team, comprised mainly of members of RTD and URS, chose Gunbarrel West based on evaluation criteria presented at the January public working group meeting.
According to Swanson, the site along Hwy 119 and west of 63rd Street was determined to have the best site configuration, best accessibility, no major environmental issues and good potential for development.
There was general support of the recommendation. However, community members voiced concerns about noise, environmental impact, traffic congestion, bus service, parking, impact on schools in close proximity and pedestrian and bike access. Also, questions were raised about the difference in impact between the east and west site considerations and about the correlation between rail station placement and layover facility placement. Other concerns included stations impact on growth and zoning in the Gunbarrel area.
The project team maintains that there is no correlation between station placement and a layover facility. Quiet zones continue to be a major topic of interest to community members concerned about reduction of noise in residential areas. Baldwin of URS has said that the FasTracks budget allows for quiet zones along the entire route.
Neal Anderson, president of the Niwot Community Association, spoke regarding a letter that the Niwot Community Association (NCA) and the Niwot Business Association (NBA) submitted to RTD, the project team and City and County of Boulder.
The NCA and NBA recommend that the Niwot station be dropped from further consideration because of concern about impacts, Boulder County land use regulations and the Niwot location’s incompatibility with RTD’s Transit Oriented Development objectives.
The letter emphasized specific suggestions to minimize impact and increase ridership and recommended the highway 52/119 site over the Gunbarel site. It asked that:
· Neither a rail maintenance nor layover facility be located at or near the Hwy. 119/52 intersection,
· Electric light rail instead of diesel be reconsidered,
· Burlington Northern tracks be reconsidered if freight trains are scheduled at night,
· Quiet zones be implemented for all Niwot crossings,
· Extra parking in Niwot be planned and implemented,
· An underpass be built if necessary to expand parking in the Hwy 119 median,
· Additional bus service be established to serve Niwot Old Town and Cottonwood Square.
Karen Morales from the RTD FasTracks Public Information Program explained RTD’s commuter rail technology selection process and education campaign. She said that RTD hired a consultant to study commuter rail technologies, including locomotive hauled coaches, diesel multiple units, and electric multiple units.
According to Morales, RTD will use the information from the technology study, along with the information generated from the various corridors’ Environmental Impact Studies (EIS), to make system-wide or corridor specific recommendations. This process includes which rail cars work best in the various sections of FasTracks Rail corridors, based on feasibility, cost and structure.
Morales clarified that the EIS did not make the final decision as to location of station or layover facilies.
New information on EIS results and rail design will be addressed at the next community meeting. The project is ongoing and community participation in working groups is encouraged.
The
next community meeting is scheduled for Wednesday, June 21, at 5:30 p.m. at the
Meeting Place in Longmont 1450A Dry Creek Drive.
Contact Meghana Shah from CDR Associates at 303-442-7367, ext. 214 for further information about upcoming FasTracks meetings and events in Gunbarrel and Longmont.
Niwot Elementary
By Cindy Silvis
CindyS@lhvc.com
After 18 years of teaching at NES, Suzi Nicholas will retire this summer. Before Niwot, she taught in Connecticut, Florida and Boulder schools. Nicholas grew up in New England, but Colorado became her home after she attended the University of Colorado in Boulder.
Third grade teacher Jolene Lewis said, “Suzi is the kind of teacher that students never forget. Over the past three years that I have job-shared with her, I witnessed time and time again previous students coming back to see her. It is evident that she has touched their lives.”
Nicholas and her husband of 36 years, Stan, were co-presidents of the PTAC at NES prior to Suzi becoming a NES teacher. Their three daughters started at NES and eventually graduated from Niwot High School.
“Suzi has been our resident math and science expert for a number of years,” said Mike Keppler, principal. “She consistently challenges her students to problem solve and think outside the box.”
Lewis added, “Suzi is very passionate about math and science and puts her heart and soul into making those subjects very enjoyable and memorable. No wonder she is known as the Botany Queen.”
Nicholas said, “Warm and welcoming are adjectives that I’d use to describe NES. I’ve made such wonderful friends with the staff and families here; so many have made a positive influence in my life. The support system here is truly incredible, it has been a huge blessing to me.”
Nicholas plans to retire in the area. Her three daughters and their husbands, and her two granddaughters live nearby. “I want to spend more time with my granddaughters. So my life will still be filled with children, because that is my true passion.”
Lewis said, “Suzi will truly be missed not only by our third grade team, but by anyone who has ever had the opportunity to work with her.”
Keppler added, “Suzi celebrates the many things that life has to offer and adds a spark and a smile to all the members of our school. We are fortunate to have had her as a member of our staff for all these years.”
Photo by Cindy Silvis
Suzi Nicholas, third grade teacher, will be retiring from NES this summer.
Dale Peterson Receives Jared Polis Foundation Award
First grade teacher Dale Peterson was honored during the Jared Polis Foundation’s 2006 Teacher Recognition Awards Ceremony at the Butterfly Pavilion in Westminster. Fifteen teachers from the Greater Denver Metro Area were honored for their commitment to their students, their innovative and effective teaching, and for their ability to work collaboratively with colleagues in creating a focused and positive school environment.
Peterson was nominated by a group of parents, students and colleagues. Jeannette Walters, parent of a former student and a present student of Peterson’s, compiled quotes, thoughts and memories into an essay describing how Peterson had the three required qualities.
The essay’s lead paragraph stated, “Dale Peterson left a career in the business world and became a teacher nine years ago to answer his true calling. He has since tremendously impacted learning at NES and earned the affection and appreciation of hundreds of students and parents, demonstrated by the crowd of current and former students who gather around him at the end of each day for a parting kind word or hug. We are awed by his effectiveness and dedication to our kids.”
Jared Polis is vice chairman of the Colorado State Board of Education and is the founder of the Jared Polis Foundation. The foundation encourages individuals and organizations to be
proactive by supporting and pursuing education and technology in Colorado communities.
It currently operates two programs and has created three public charities. Each year the Polis Foundation receives hundreds of nominations for its Teacher Recognition Award and chooses 15 teachers to recognize. The 15 teacher honorees each receive a $1,000 award. In addition, each school represented by a teacher honoree received a $1,000 grant.
The Peterson nomination essay continued, “Dale is an amazing teacher and colleague. His gentle ways make him approachable and available to help when the need arises. We – parents, students and colleagues – are profoundly grateful to Dale Peterson for the human understanding and joy of learning that he imparts, and for his positive influence on so many of our lives.”