Westside Investment Partners must revert the property to its original zoning in less than ninety days. Here's what could happen in that time.
, the investment group has indicated that the golf course will return, though it has provided no timeline.
Had Westside purchased the easement from the city at the same time it bought the defunct golf course from the Clayton Trust for $24 million in 2019, this multi-year drama of area plan developments and"vote yes for affordable housing" campaigns might never have happened, Peshut says.
"Easements can be bought and sold just like other property interests," says Brian Connolly, a Denver land-use attorney whose firm represents Westside. But there is less precedent in this area for conservation easements, he notes, adding that he doesn't know of any specific situations in which the doctrine of merger has been used for a conservation easement.
Additionally, Referred Measure 2O asked voters if they would authorize the release of the conservation easement. Says Peshut:"If Westside purchases the easement and it terminates automatically under the doctrine of merger, the Hancock administration could claim that they didn't release the easement, they simply sold the easement."
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