And if Lone Tree's attorney sees it right, not only are the town's 3,115 registered voters eligible to vote on Referendum 4A, but so are tens of thousands of other Douglas County voters.
On Monday, O'Boyle shared his town's discovery at a joint council meeting of Lone Tree, Parker, Castle Rock and the Douglas County commissioners. On Tuesday, the Douglas County attorney was just beginning to research the issue.
He doesn't have much time. Neither does the Douglas County judge currently considering Lone Tree's original suit, along with the stadium's response.
In less than a week, voters across the metro area will have their say on Bowlen's stadium. And if Lone Tree residents aren't included in their number, "it seems to me that the election itself could be at risk," O'Boyle says.
Bye-bye, brand-spanking-new stadium.
The district plans to argue that the general assembly didn't intend to include those areas in the stadium district. While that may not be how the law appears on its face, letting those residents vote was not the lawmakers' "intent." And so, the district says, the fact that those residents are not allowed to vote on Referendum 4A should not affect the election's validity.
Of course, if lawmakers' "intent" were all that mattered, would any voters have a choice of whether or not they want to build a new stadium? Hell, by now voters would probably have paid for the whole thing. If "intent" were all that mattered, Pat Bowlen would already be sitting in a super-duper new skybox.
If the legislature had truly intended to have this vote go smoothly, it should have put all of Lone Tree into the district last May. Instead, it went for the cold, hard cash of the commercial area--and cut out the residential heart, with its threat of perhaps a few hundred negative votes. If legislators had specifically included all of Lone Tree, the city wouldn't have sued. And if Lone Tree hadn't sued, it wouldn't have discovered that it may have been part of the district all along.
There's a penalty on the play.
If little Lone Tree continues to gain ground, could the results of next Tuesday's vote be ruled invalid? Stranger things have happened.
Just ask Jason Elam if he thought he was going to make that 63-yard field goal last Sunday.