Park Hill Golf Course Developers Don't Want Lawsuit Depositions Public

With a vote that could decide the future of the Park Hill Golf Course coming up April 4, the owners of the property are trying hard to ensure that the public can't see deposition transcripts connected to a lawsuit filed by the Sisters of Color United for Education.

The golf course's "ownership and proposed development of the Park Hill Golf Course have been the subject of substantial media coverage, as well as hearings before the Denver City Council. Issues relating to the proposed development will be voted on by the Denver electorate in April 2023, before the trial in this case. Plaintiff has issued press releases relating to this dispute," lawyers representing Westside Investment Partners and the Holleran Group, the developers that own the property, wrote in a March 3 court filing, seeking to "limit pre-trial disclosure of the deposition testimony in this case outside this proceeding."

The Sisters of Color United for Education, a previous tenant of the Park Hill Golf Course clubhouse that ended up suing the developers after their rental relationship went sour, opposes the request to have the deposition transcripts sealed before the May 8 trial.

"This affected the community, so we do want the community to be able to have the information about why they currently don't have a home," says Adrienna Corrales Lujan, the executive director of the Sisters of Color, an organization that promotes health, wellness and education in Denver. "When people try to silence us, it really speaks to trying to uphold the status quo of what things have always been."

The organization signed a lease for the clubhouse in February 2021, but the group lasted less than a year in the space, as the nonprofit and the developers disagreed over contract terms. The Sisters of Color ultimately filed a lawsuit against Westside and Holleran last May.

A hearing is set in Denver District Court at 12:30 p.m. today, March 16, when Judge Martin Egelhoff is slated to rule on the request to seal the depositions.

Westword recently reported on the contents of the January 31 deposition of Ty Hubbard, a former employee of the Holleran Group. In his deposition, Hubbard pointed out that Robert Smith, a Denver native who is also the richest Black man in America, had contributed slightly over $8 million to the Park Hill Golf Course development project. This was the first public revelation that Smith was involved in the project. And his stake is substantial, since Westside purchased the property for $24 million from the Clayton Trust in 2019. The Holleran Group joined the project in the fall of 2020.

In his deposition, Hubbard also revealed that Westside recruited the Holleran Group to join the project as part of Westside's search for "a real estate or development company that was of color that could partner with them in some capacity." Northeast Park Hill has a large Black community.

According to court records, additional depositions are set for representatives of both Westside and Holleran. Attorneys for the developers are seeking to block testimony from these depositions from becoming public, too, until the trial takes place on May 8.

Asked for comment on the move, Westside offered this: "As a matter of policy, neither Westside nor Holleran comment on matters that are in active litigation. In this case, and out of respect for the judicial process, we have requested a protective order to ensure that this case is litigated in a courtroom, rather than in the court of public opinion."

The April 4 vote on the Park Hill Golf Course, which is part of the same ballot that includes the race for Denver mayor and over a dozen other public offices, will determine whether a conservation easement that prevents development on the property can be lifted. Westside wants to build a mixed-use development on the property, which would include some affordable housing, land for a grocery store and 100 acres of open space. There's significant support for this proposal, especially from people who desire to see investment in a historically marginalized neighborhood like Northeast Park Hill and more housing in Denver.

But there's also vocal opposition from opponents of the development proposal, who want to see the land stay undeveloped and ideally have the city purchase the property and turn it into a municipal park.