On Aug. 15, the Boulder County Commissioners voted 2-1 to terminate the conservation easement on the Kanemoto Estates property. This decision made way for developer Bestall Collaborative Ltd. to begin the process to be annexed into the city of Longmont. Neighbors in the Clover Creek subdivision to the north have formed the group KARES — which stands for Keep Airport Road Environmental and Safe and is made up of roughly 70 members — and are suing the commissioners in district court.
KARES is asking the district court to issue an injunction against the easement’s termination. The group also wants a district judge to review the commissioner’s decision on the matter. KARES is basing its lawsuit on the idea that the termination of the easement violated state law and that neighbors’ property values will decline when the new development is built.
“KARES and its members have submitted hundreds of comments to the Boulder County planning board and commissioners, and only one of the three county commissioners has taken our significant legal, traffic, and quality-of-life concerns to heart. We are hoping the District Court will step in to reverse the commissioners’ decision and protect Boulder County’s precious open space because the county government refuses to. KARES is not opposed to new housing in Boulder County, but KARES is opposed to new housing on conservation easements in Boulder County,” the group told BizWest.
Bestall Collaborative Ltd. proposes adding roughly 140 units of middle-tier housing options on the proposed Somerset Village property.
“Boulder County has been notified of a lawsuit filed in Boulder District Court related to the Boulder County commissioners’ decision on Aug. 15, 2023 that termination of the conservation easement on Kanemoto Estates Outlot A is consistent with the current Boulder County comprehensive plan and Boulder County land-use regulations. As a result of the decision, the applicant plans to apply for annexation of Kanemoto Estates into the City of Longmont. Upon annexation, the applicant is proposing development that includes affordable housing. The county attorney will file a response to the lawsuit as provided by court rules,” according to BizWest.
