Representatives for Erie and Lafayette clashed over a converging narrative for how Nine Mile Corner came to fruition in court on Tuesday, reaching back to the neighboring towns’ shared history to spotlight conflicting motives.
At the heart of the 22-acre condemnation suit Lafayette filed against Erie last summer rests Nine Mile Corner, a 30-acre, mixed-use development situated at the corner of U.S. 287 and Arapahoe Road that may best illustrate east Boulder County’s fundamental dilemma relating to recent commercial and residential growth.
For the property to be condemned, which would derail Erie’s development plans, Lafayette must prove that transforming the parcel into open space serves the public good or purpose — a requirement under Colorado’s eminent domain law.
On Tuesday, however, the burden fell on Erie — which is pursuing a motion to dismiss the condemnation suit — to produce convincing evidence.
The argument from Erie officials essentially asserts that Lafayette, by example of its own development plans, favors a lack of competition rather than open space.
“There has always been some interest (in this property) by Lafayette,” Erie’s attorney, Mikaela Rivera, said Tuesday. “There is some effort from Lafayette to undermine development, but nothing under the guise of trying to preserve open space — that all changed in February 2016.”
The courtroom face-off comes almost a year after Lafayette officials first moved to investigate the development in the wake of rumors that its King Soopers planned to migrate over to Erie — along with a landslide of much-needed sales tax revenue.
During Erie Town Administrator A.J. Krieger’s cross-examination, it was revealed that businesses such as Lowe’s and King Soopers — the grocery company at the center of rumors last year that sparked the initial tensions — are top contenders as anchor tenants for the slated Nine Mile Corner development.
“Open space is important for Lafayette,” Rivera added, “but open space at this location is not what is important to Lafayette; it’s about keeping out competition.”
Across the street from where Nine Mile Corner is to be constructed, Lafayette has initiated plans for large-scale development of its own: more than 400 residential units are planned for the 80-acre SILO subdivision; paired with plans for a 21,930-square-foot commercial project dubbed Lafayette Promenade.
Discussions on Tuesday revolved around a narrative for what led up to the current lawsuit.
“(Buffers) are how we keep cities from growing together with no separation of each other,” Lafayette City Manager Gary Klaphake said Tuesday under cross-examination, adding that buffers are “an important priority.”
Lafayette wants almost half of Erie’s 45-acre property at the corner of U.S. 287 and Arapahoe Road to provide “a buffer through open space” between the towns in order to “protect Lafayette’s unique community character,” according to a condemnation lawsuit filed last summer.
Arguments are expected to last into Wednesday, with a judge’s decision expected next week.
The case marks the first instance in which a Colorado town or city has tried to acquire land from its neighboring community through eminent domain.
Anthony Hahn: 303-473-1422, hahna@dailycamera.com or twitter.com/_anthonyhahn
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