A new chapter to the Broncos’ ownership dispute developed Friday in Arapahoe County Court.

Amie Klemmer and Beth Bowlen Wallace, Pat Bowlen’s two eldest daughters, filed a petition seeking to invalidate the 2009 Patrick D. Bowlen Trust on the grounds their father did not have the capacity to sign his estate-planning documents.

“There is substantial and overwhelming evidence that Mr. Bowlen lacked the required capacity in 2009,” said Giovanni Ruscitti, co-counsel for Klemmer and Wallace, in a statement. “As a result, Ms. Klemmer and Ms. Wallace have filed a petition asking the court to decide that issue, the related issue of whether the 2009 trust, which is the document under which the trustees have derived their power and authority, is valid and whether Mr. Bowlen was subjected to undue influence.”

The latest development in a legal battle that started last October could impact the NFL arbitration proceeding between Wallace, Klemmer and the trustees, and drag the legal fight well into the future.

In his lawsuit filed against the trustees (Broncos president/CEO Joe Ellis, team counsel Rich Slivka and local attorney Mary Kelly) last October, Bill Bowlen, one of Pat’s two brothers, claimed Pat began to “display signs” of Alzheimer’s “in or around 2006,” and was diagnosed that year at the Mayo Clinic in Arizona.

Pat Bowlen died at age 75 on June 13.

Dan Reilly, the trustees’ attorney, said the the complaint “represents the latest effort in their public campaign to circumvent Pat Bowlen’s wishes.

“It is sad and unfortunate that Beth Bowlen Wallace and Amie Bowlen Klemmer have elected to contest their father’s plan and attack his personal health,” Reilly said in a statement. “The evidence in the courtroom will show Pat Bowlen was fully capable of establishing and understanding his trust and estate plan when it was created in 2009. Mses. Wallace and Klemmer’s current position about their father’s supposed mental incapacity in 2009 was not raised until after 2014, when Ms. Wallace was privately told by the trustees that she was not capable or qualified to serve as controlling owner.

“The trustees will continue to follow Pat Bowlen’s plan to oversee and protect the team, the entire Bowlen family, and Broncos fans everywhere.”

Some had the impression that the ownership dispute had concluded last month when Bill Bowlen’s lawsuit was dismissed. Filed in October 2018, Bill wanted the trustees removed from power because he believed they had failed to act in his brother’s best interest in their many roles leading Pat’s assets and related businesses, including the Broncos.

But Judge John Scipione issued a temporary injunction Aug. 31 — the day after he dismissed Bill Bowlen’s case — saying in essence that the issue of Pat Bowlen’s competency was off the menu that the trustees wanted the NFL to rule on.

“The trustees have been attempting to have these issues decided by the NFL arbitrator, which we believe was improper and an attempt to usurp important powers and authority from the Colorado court,” said Scott Robinson, co-counsel for Klemmer and Wallace, in a statement. “We are thankful that the court agreed with us.

“Because of these issues, Mr. Bowlen began to cede control of the team in late 2008 and early 2009 and his serious health issues were well-known not only within the family and his friends, but also within the Denver and NFL communities.”

On Feb. 20, Wallace and Klemmer’s original petition was centered on the trust’s validity and its no-contest clause, which is believed to state that any person who challenges the trust or Pat Bowlen’s will or power of attorney would be disinherited. If Wallace and Klemmer were declared to be in violation and disinherited, their right as beneficiaries would skip them and go to their children.

Wallace and Klemmer asked the court to rule the no-contest clause doesn’t apply to NFL arbitration so they would not be found in violation of the clause by participating. They also requested confirmation that the court assumes jurisdiction over all questions about their father’s capacity and the trust’s validity.

The Aug. 30 ruling stated that NFL arbitration proceedings, led by former league executive Carmen Policy, would begin in November.

Scipione, though, wrote that arbitration “proceed at your risk,” which if the league listens could put the brakes on arbitration until there is clarity on the validity (or invalidity) of the trust. Due to a gag order on Scipione’s ruling to take over the capacity part of the filings, all parties remain quiet on when arbitration will start.

Scipione does not have the jurisdiction to order the NFL to halt its arbitration proceeding. According to a source, a provision of NFL arbitration is that if one side requests it (the trustees in this case), it is mandatory for the other side (Wallace/Klemmer).

The trustees are asking Policy, appointed by Commissioner Roger Goodell, to essentially confirm that they are following Pat Bowlen’s directives in determining if one of his children is qualified to become the next controlling owner and that they have the power to put the team up for sale if no child is deemed capable and qualified.

In June 2018, Wallace, 49, went public with her desire to succeed her father and Brittany Bowlen, 29, followed last October. Last week, Ellis said Bowlen will re-join the organization “some time in November,” and she is generally viewed as the trustees’ preferred choice to run the team.