The SuperTower Case

During the original 2003 hearings, the public presented extensive testimony that this high-powered digital TV broadcast tower would expose them to excessive radiation, health risks, interfere with electronic equipment, and decreased property values. When the County Commissioners ignored this evidence, failed to abide by the Jefferson County zoning rules and granted the rezoning in 2003, CARE, the City of Golden and various homeowners' associations and individuals sued Jeffco and Lake Cedar Group. Judge Jackson found that County Commissioner Pat Holloway, Michelle Lawrence and Rick Sheehan "abused their discretion" by not following the rules set forth in the Jefferson County Zoning Resolutions and entered a preliminary injunction halting construction of the tower because the tower would cause irreparable injury. To read Judge Jackson's transcript, click here..

Judge Jackson remanded the case back to the County Commissioners to give the County Commissioners an opportunity to correct 2 previous mistakes. In 2003, the County Commissioners allowed Lake Cedar Group to file extensive new documents right before the hearings, in violation of the Jefferson County requirement that the applicant can file no new information within 21 days of public hearings. Judge Jackson ordered the Commissioners to allow the public to respond to these "late filed" documents. The Judge also required the Commissioners to comply with the regulation on tower setback.

According to Jefferson County Zoning regulations, a broadcast tower cannot be built if the tower or any debris from the tower can fall onto other towers or occupied dwellings. After the 2004 public hearing resulted in the County Commissioners again approving the rezoning, Judge Jackson again found that the record contained no evidence of compliance with the tower setback zoning resolution and ordered a remand on this issue to the County Commissioners. To read the First Amended Tower Complaint, click here...

Following public hearings in the fall of 2005, County Commissioners Dave Auburn and Jim Congrove found that the "Lake Cedar Group" digital TV tower case proposal could not meet this zoning requirement. Lake Cedar Group then filed suit against Jefferson County. The Court ordered all parties to file briefs based upon the 20,000 page record of all hearings and submissions to the County Commissioners. The case is now submitted to Judge Jackson. The "Lake Cedar Group" digital TV tower case is awaiting final decision by Jefferson County District Judge Jackson following public zoning hearings before the Jefferson County Board of County Commissioners in 2003, 2004 and 2005.