Suit filed to try to stop Strawberry Fields land swap
Update:
A lawsuit has been filed to try to block a controversial land swap that was approved by Colorado Springs city council in May.
Attorney Bill Louis tells KRDO NewsChannel 13 that the suit is seeking an injunction to stop the city from swapping the Strawberry Fields open space to The Broadmoor Hotel.
Louis, who represents a group called Save Cheyenne, says the swap is illegal because Strawberry Fields was officially dedicated as public land in 1885.
Louis equated ignoring the public land dedication to ignoring a lien.
The suit was filed in the 4th Judicial District in Colorado Springs on Monday.
Original story:
Colorado Springs City Council voted 6 to 3 in favor of a land swap between the city of Colorado Springs and the Broadmoor Hotel.
The city will gain about 360 acres from the hotel. In exchange, the hotel would get a recreation area known as Strawberry Fields. Strawberry Fields, also known as Strawberry Hill, has been the hot button in the debate over the swap.
Supporters of the exchange argue that Strawberry Fields isn’t well maintained by the city and it will be better cared for by the Broadmoor. In the swap, the city would receive private land near the Manitou Incline and Barr Trail, solidifying its accessibility to the public.
The Broadmoor Hotel said it will build horse stables and a picnic pavilion in Strawberry Fields. Its president,Jack Damioli, said the property will still be open to the public.
Council members Merv Bennett, Don Knight, Larry Bagley, Keith King, Andy Pico and Tom Strand voted in favor of the deal. Council members Jill Gaebler, Helen Collins and Bill Murray voted against it.
While City Council members were split about the swap, all members agreed this issue has been one of the most contentious and challenging issues during their time on City Council.
At the meeting on Tuesday, each side was given an hour to try and convince City Council to vote in their favor.
Afterward, Councilman Bill Murray, who has been a strong opponent of the swap, made a presentation to his fellow council members trying to convince them to vote no.
“The problem is, we aren’t being offered a compromise, we haven’t been given a choice,” said Murray.
After the vote came down, Damioli said in an interview that the city will not regret this vote.
“We’ll make sure this land exchange is something the city is proud of as they look back in a few years,” said Damioli.
Former city councilman and local business leader Richard Skorman has led the campaign to stop the swap. He said he understands that it was a tough decision of City Council and one that they didn’t take lightly. However, he said this decision will not stop the fight to end the exchange.
“This the beginning in terms of challenging this. We were hoping we wouldn’t have to spend money on legal fees but we’re going to,” said Skorman.
Skorman said opponents plan to challenge this exchange in court, arguing that it is illegal for the city to dispose of this land. Skorman said his group also plans on collecting signatures to get the issue on the ballot next April.
The city will now work with the Broadmoor on a conservation easement. The land exchange will not be finalized until that agreement is reached. A conservation easement is a voluntary legal agreement between a land owner and the government to limit the use of the land in order to conserve and protect it.
