A judge in Denver has thrown out a lawsuit over the city’s new gas station restrictions filed by a convenience store operator in growth mode.
District Judge Kandace Gerdes dismissed the lawsuit brought by QuikTrip and Evangeline Pappas, a Chaffee Park property owner under contract to sell to QuikTrip, on July 3.
The lawsuit, filed in March, took aim at a Denver measure that bars new gas stations within a quarter mile of existing stations or rail platforms and within 300 feet of certain residential zone districts. The City Council approved the change with a 12-1 vote in February.
BusinessDen noted before the vote that QuikTrip was at the center of the debate. The Oklahoma-based firm was the only gas station chain to submit feedback on company letterhead, and many Denver residents providing input ahead of the vote referenced planned QuikTrip stations near them.
QuikTrip announced its intent to enter the Denver region in 2019 and now has 20 locations between Monument and Greeley, according to its website. Others are in the works, including one at the former El Rancho restaurant site near Evergreen.
QuikTrip’s lawsuit took particular aim at the fact that the new law was retroactive. The measure exempted only projects for which development plans had been submitted to Denver by May 13 — a full nine months before the council vote.
While the measure was discussed to some extent on that May date, specifics regarding the measure weren’t known until months later.
QuikTrip’s lawsuit identified four planned company gas stations affected by the measure. The company said it was under contract to buy three of the sites and lease the fourth, and had collectively spent $750,000 toward development of the sites.
Weeks after the lawsuit was filed, Denver asked the court to dismiss it. The judge ultimately agreed with the city on all three claims, saying QuikTrip had not shown it had been injured because no final decision had been made by Denver on the company’s development proposals, nor had QuikTrip made any attempt to get a waiver or variance. She also noted that retroactive legislation isn’t necessarily unconstitutional.
“Accordingly, as the Court is permitted to balance the right against public health concerns and public policy considerations, the Court finds that the Amendment is permissibly retroactive,” Gerdes wrote.
QuikTrip spokeswoman Aisha Jefferson told BusinessDen in an email that “we are disappointed in the court’s decision and are currently evaluating next steps with respect to the ordinance.”
The Denver City Attorney’s Office said in a statement that the office “is pleased with the court’s decision” and remains “committed to advancing land use policies that support thoughtful growth and serve the best interests of the City and its residents.”
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