Legal & Courts  December 30, 2024

Neighbors appeal ruling upholding termination of Kanemoto easement

Kanemoto Aerial
An aerial photo shows the location of the proposed Somerset Village development, with Airport Road along its western boundary, the existing Clover Creek subdivision to the north, and the Diagonal Highway (Colorado Highway 119) to the south. Courtesy Bestall Collaborative
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DENVER — Neighbors who oppose a proposed development on the southwest edge of Longmont on Monday appealed a Boulder District Court judge’s November ruling that the Board of Boulder County Commissioners acted properly last year when it conditionally terminated a 41-year-old conservation easement.

The plaintiffs, who had organized as Keep Airport Road Environmental and Safe, or KARES, filed the motion in the Colorado Court of Appeals that aims to overturn District Court Judge Michael Kotlarczyk’s decision that would allow the Kanemoto Estates Conservation Easement to be terminated. That would clear the way for developer Bestall Collaborative Ltd. to seek annexation of the 40-acre tract into the city of Longmont and eventually build Somerset Village with up to 426 housing units along the east side of Airport Road about a half-mile north of the Diagonal Highway.

“We continue to believe that the law does not support the Board of County Commissioners’ 2-1 decision to terminate the easement, and we look forward to raising those arguments with the Colorado Court of Appeals,” Karen Breslin, KARES’ Elizabeth-based attorney, said in a prepared statement.

The developer envisions a diverse, energy-efficient residential community with single-family homes, duplexes, fourplexes, cottages, townhomes and flats — with “attainable” and “affordable” price points — as well as a bodega, ride-share plaza, early-childhood center and community center. The commissioners’ approval of terminating the easement came with added conditions designed to compel the developer to keep to its commitments to provide lower-cost housing in Somerset Village.

A month after the commissioners’ vote, KARES sued the county, asking Boulder District Court to overturn the commissioners’ decision. Under Colorado’s “Rule 106,” the public can challenge certain governmental decisions within a short time frame.

KARES’ lawsuit contended that terminating what’s known as the Kanemoto Estates Conservation Easement to allow the development would be in conflict with the county’s land-use rules.

A news release emailed to BizWest on Monday cited an issue brief published on Oct. 29 by the Colorado General Assembly’s Legislative Council that stated, “A conservation easement is a voluntary legal agreement between a landowner and a charitable organization or government entity that permanently protects scenic or agricultural open space, natural habitat, or recreational areas. These agreements can be tailored to preserve the specific qualities tied to the property, allowing it to remain under private ownership and control while limiting future use and development. For example, some agreements may preserve traditional land uses such as family ranching or farming.”

KARES contends that’s the case with the Kanemoto Estates Conservation Easement. They say the land is protected because it is important for agricultural use, but claim that the county commissioners “ignored the land’s undeveloped value to current and future generations in favor of a highly-dense subdivision that will destroy the area’s natural beauty.”

KARES’ appeal states that “the whole point of a conservation easement is that the land be protected in perpetuity, and residents and nearby landowners expect just that.”

The Conservation Easement Preservation Society (CEPS), the 501(c)(3) nonprofit that is fiscally sponsoring KARES, claims to have $4,800 pledged from community donors, but says it needs a total of $9,600 to fund all legal expenses related to the appeal.

“CEPS continues to financially support KARES and its plaintiffs because of the threat this termination poses not only to the Kanemoto Conservation Easement but also to other treasured conservation easements in Colorado,” Scout Ennis, CEPS’ executive director, said in a prepared statement. “We are proud to continue financially supporting this lawsuit while it is presented in the Colorado Court of Appeals.”

Jack Bestall, principal of Bestall Collaborative, could not be reached for comment in time for BizWest’s afternoon deadline.

Neighbors who oppose a proposed development on the southwest edge of Longmont on Monday appealed a Boulder District Court judge’s November ruling that the Board of Boulder County Commissioners acted properly last year when it conditionally terminated a 41-year-old conservation easement.

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With BizWest since 2012 and in Colorado since 1979, Dallas worked at the Longmont Times-Call, Colorado Springs Gazette, Denver Post and Public News Service. A Missouri native and Mizzou School of Journalism grad, Dallas started as a sports writer and outdoor columnist at the St. Charles (Mo.) Banner-News, then went to the St. Louis Post-Dispatch before fleeing the heat and humidity for the Rockies. He especially loves covering our mountain communities.
Categories: Legal & Courts Longmont Residential Real Estate Sunday Weekly Today's News Bestall Collaborative LLC Karen Breslin KARES Somerset Village
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