A Boulder District Court judge has cleared the way for a 40-acre housing development on Longmont’s southwest edge, dismissing objections from neighboring residents.
The court upheld the county’s decision to terminate a decades-old conservation easement, potentially paving the way for the Somerset Village housing project.
Court Ruling on Conservation Easement
Judge Michael T. Kotlarczyk upheld the Boulder County Commissioners’ 2023 decision to conditionally terminate the Kanemoto Estates Conservation Easement.
The court found that the county had jurisdiction to make the decision and that it aligned with established policies supporting housing development near municipal areas.
Although the plaintiffs, a neighborhood organization known as KARES, voiced misgivings, the judge recognized that the commissioners were acting within their power.
The court decided that considering long-term housing goals stated in county regulations, the county's actions did not breach jurisdictional limits or abuse discretion.
Background of KARES’ Legal Challenge
KARES (Keep Airport Road Environmental and Safe), a group of nearby homeowners who opposed the easement's termination, started the legal battle.
They said the ruling ran counter to Boulder County's Comprehensive Plan and Land Use Code, which gives meticulous land-use planning and conservation top priority.
KARES filed the lawsuit under Colorado’s “Rule 106,” which allows residents to challenge governmental decisions within a specific time frame.
Initially, another district judge allowed the lawsuit to proceed, but the case shifted to multiple judges before Judge Kotlarczyk issued the final ruling.
While the court acknowledged the plaintiffs’ concerns as valid, it ultimately found no legal grounds to overturn the county’s decision.
Proposed Somerset Village Development
Somerset Village, the proposed development by Bestall Collaborative, is a 40-acre project that aims to create a sustainable, energy-efficient neighborhood.
The plans include a range of housing types such as single-family homes, duplexes, townhomes, fourplexes, and flats.
The developer also committed to offering “attainable” and “affordable” housing options to meet local demand.
The development will feature community amenities designed to enhance residents’ quality of life.
These include a bodega, a ride-share plaza, a community center, and an early-childhood education center.
Bestall Collaborative emphasized that the project aligns with the goals of "Envision Longmont," a city plan that prioritizes sustainable growth and housing accessibility.
Legal Implications and Future Steps
Despite the court ruling, KARES has the option to appeal under Rule 106.
An appeal could extend the timeline for Somerset Village’s development and further delay housing availability.
The next step for the developer is to seek annexation approval from the City of Longmont.
Once annexed, the land will fall under Longmont’s development code rather than Boulder County regulations.
Judge Kotlarczyk noted that this transition makes the development consistent with existing legal and planning frameworks.
This ruling represents a pivotal moment for housing development in Boulder County, balancing the preservation of open spaces with the need for affordable housing.
While the decision allows Somerset Village to proceed, potential appeals and municipal approval processes may shape the project's future.
