“At said hearing, Councilwoman Shepherd made the claim that the proposed rezoning conformed to the West Colfax Plan, and read aloud a relevant portion of the Guiding Principles–which were incorporated into such plan—to make her point. Such principles require the tallest buildings to be “toward West Colfax”. When Shepherd read from the Guiding Principles, she omitted the words “toward West Colfax” from her recital. Furthermore, at said hearing, the Community Planning and Development (CPD) staff made no reference whatever to the significant words “toward West Colfax.”

“At said hearing, the members of City Council voted unanimously in favor of the rezoning. In her remarks at the conclusion of said hearing, Councilwoman Jeanne Robb both referenced and dismissed the existence of what has been called “courtesy zoning.” Such courtesy zoning occurs when members of City Council vote along with the District Councilperson within whose District the site specific rezoning lies. Councilwoman Robb had previously documented the existence of this practice. Plaintiffs contend that such practice directly violates the quasi-judicial responsibility of the Council members, in that Council members come to such hearings fully aware of how they will vote, and that their vote will not depend on the evidence adduced at the hearing, but will be based on the position of one Council member. By voting in such an arbitrary and capricious manner, Council members denied to Plaintiffs their right to fair process.”

“Councilwoman Susan Shepherd, within whose District lies the subject property, immediately after the quasi-judicial hearing, read from a prepared statement approving the rezoning. In her statement, which was purportedly read from the Urban Form, Guiding Principle of the St. Anthony Task Force Report and Recommendation regarding building height and density, but specifically omitted the operative language, and two most important words, “towards Colfax”. Upon information and belief, Plaintiffs believe Shepherd failed to conduct herself as a neutral quasi-judicial decision-maker, having already spoken in favor of the zoning change at the November 12, 2014 Planning Board hearing on the C-MX-12 zoning map amendment, and having engaged in extensive ex parte contacts with the property owner and its representatives while the rezoning application was pending, and having already decided to vote in favor of the rezoning before the February 17, 2015 City Council hearing.”

The neighborhood association and residents are asking the court to set aside the zoning. Shepherd is running for re-election in a tough race with Rafael Espinoza. Neighborhood activists are generally opposing Shepherd, and are the cornerstone of the Espinoza campaign.

The suit was filed Monday. Check back for developments.