Estes to appeal to Colorado Supreme Court
Leaders seek clarification on statutory rights
By John Cordsen
Estes Park officials will ask the Colorado Supreme Court to rule on a two-year-old lawsuit brought against the Town challenging its authority to conduct tourism-related marketing and advertising.
The appeal is the third chapter in legal action that began in May 2005 between the Town of Estes Park and three plaintiffs. The plaintiffs, Estes Park Chamber of Commerce, Norm and Dee Pritchard (doing business as Black Dog Inn), and Baldpate Inn, Ltd., took the Town of Estes Park to court in May of 2005 contesting the Town’s authority to conduct its marketing program.
Larimer County District Court Judge Dave Williams ruled in October 2005 that the Town had statutory authority to establish a Convention and Visitor’s Bureau (CVB). The Colorado Court of Appeals wrote the second chapter July 12 when it remanded the case back to district court.
Estes Park officials fear the interpretation by the Colorado Court of Appeals could have a far-reaching impact to all statutory towns across Colorado. They worry that it could preclude statutory towns from using any public funds for marketing – even through a third party such as a chamber of commerce. In its July 12 ruling, the court of appeals concluded state law does not authorize a statutory town to conduct marketing activities beyond the narrow scope of advertising, and that the trial court erred in determining otherwise.
“This is a course of action we have to take, not only for Estes Park but for all statutory towns across the state,” said Mayor John Baudek.
Town officials are cautious of the court’s interpretation of marketing and advertising and how it could impact the ability to pay an outside entity to conduct tourism-related marketing.
“To contract for marketing is the same as marketing,” said Trustee Richard Homeier.
The decision to appeal came after an executive session Tuesday night with Town attorney Greg White who advised the board to appeal the July 12 ruling.
“Based on the ruling the Town does not have the right to expend public funds on marketing – even to a third party,” said White.
According to White, the Colorado Supreme Court does not have to accept the appeal.
Town administrator Randy Repola said the Town would continue operating all aspects of the CVB until a final decision is reached, either by the courts or between the plaintiffs and the Town.
We, at the Estes Parkian, are speechless.
Your trustees are now officially making a mockery of our town government. The layers of the onion continue to be pealed back to expose the rotten core. This is and always has been a Home Rule issue as we have educated this community for years now. Now, we implore you; continue to pay attention the town is contributing to your civics education.
Your trustees are now officially making a mockery of our town government. The layers of the onion continue to be pealed back to expose the rotten core. This is and always has been a Home Rule issue as we have educated this community for years now. Now, we implore you; continue to pay attention the town is contributing to your civics education.
As citizens you can start preparing yourselves to legislate our community government.
Your elected trustees swear an oath upon taking office . They swear an oath to follow the laws of the State of Colorado. The oath does not say follow the laws you like and are politically convenient for you and ignore or change the ones that do not service the oligarchy agenda.
Here is a rule they understand covet and use to cloak their corrupt activities; C.R.S. 24-6-402(4)(b), Request To Enter Executive Session.
Your elected officials do not have to express their individual positions publicly, they disappear behind the curtain and plot in private. They love this rule over and over again.
Did Eric Blackhurst recuse himself from these hidden discussion?
No he did not.
Do we have to spell out his personal prejudices that would require him to do so?
Evidently we do because he actively participated.
For everyone’s personal file Susan Blackhurst, is trustee Eric Blackhurst’s wife. Susan is a town employee conducting advertising and marketing activities and her job is directly affected by this court ruling.
Did Dorla Eisenlauer recuse herself from these hidden discussions?
No she did not!
Do we have to spell out her personal prejudices that would require her to do so?
Evidently we do because she actively participated.
For everyone’s personal file Dorla Eisenlauer was the Judist goat that with town staff assistance converted the Chamber of Commerce businesses mans docent program into her own personal non profit. In fact her husband has been a mayoral appointee to several commissions and a very public cheerleader to “join the team” an unlawful and illegal team we have come to find out.
So now your town trustees are spending your money to save all the statutory communities in Colorado. The appeals court of this state and the supreme court of this state are not in the habit of directing the states legislators. “Hey by the way fellas and gals you forgot something for statutory towns”.
The appeals court made clear what the law is and direct the district court to investigate the town activities based on the law as it exists. Exactly the laws your trustees swore to uphold.
The Supreme Court will not hear this case. Your trustees are buying time with our money to weasel a local political cure. Randy Rapola said so, in the very last line of the article.
Just for everyone’s personal files every statutory resort community that would be effected by this law long ago has converted to a Home Rule form of government (except Grand Lake and Granby and we all know how well they are all getting along in Granby) created Marketing Districts controlled by the business community. Seventy one Marketing districts were formed in the last seven years while your trustees monkey around getting a line changes in state law to serve their agenda which became instantly moot with the appeals court ruling.
Why does everyone understand the law except Greg White and your trustees?
Get out of private businesses mayor you suck at it, and your politics are corrupt.
Your elected trustees swear an oath upon taking office . They swear an oath to follow the laws of the State of Colorado. The oath does not say follow the laws you like and are politically convenient for you and ignore or change the ones that do not service the oligarchy agenda.
Here is a rule they understand covet and use to cloak their corrupt activities; C.R.S. 24-6-402(4)(b), Request To Enter Executive Session.
Your elected officials do not have to express their individual positions publicly, they disappear behind the curtain and plot in private. They love this rule over and over again.
Did Eric Blackhurst recuse himself from these hidden discussion?
No he did not.
Do we have to spell out his personal prejudices that would require him to do so?
Evidently we do because he actively participated.
For everyone’s personal file Susan Blackhurst, is trustee Eric Blackhurst’s wife. Susan is a town employee conducting advertising and marketing activities and her job is directly affected by this court ruling.
Did Dorla Eisenlauer recuse herself from these hidden discussions?
No she did not!
Do we have to spell out her personal prejudices that would require her to do so?
Evidently we do because she actively participated.
For everyone’s personal file Dorla Eisenlauer was the Judist goat that with town staff assistance converted the Chamber of Commerce businesses mans docent program into her own personal non profit. In fact her husband has been a mayoral appointee to several commissions and a very public cheerleader to “join the team” an unlawful and illegal team we have come to find out.
So now your town trustees are spending your money to save all the statutory communities in Colorado. The appeals court of this state and the supreme court of this state are not in the habit of directing the states legislators. “Hey by the way fellas and gals you forgot something for statutory towns”.
The appeals court made clear what the law is and direct the district court to investigate the town activities based on the law as it exists. Exactly the laws your trustees swore to uphold.
The Supreme Court will not hear this case. Your trustees are buying time with our money to weasel a local political cure. Randy Rapola said so, in the very last line of the article.
Just for everyone’s personal files every statutory resort community that would be effected by this law long ago has converted to a Home Rule form of government (except Grand Lake and Granby and we all know how well they are all getting along in Granby) created Marketing Districts controlled by the business community. Seventy one Marketing districts were formed in the last seven years while your trustees monkey around getting a line changes in state law to serve their agenda which became instantly moot with the appeals court ruling.
Why does everyone understand the law except Greg White and your trustees?
Get out of private businesses mayor you suck at it, and your politics are corrupt.
