Developer looking to build apartments on former White Fence Farm property sues Lakewood


DENVER– The developer looking to build apartments on the former White Fence Farm site in Lakewood has sued the city after the project was derailed by Lakewood’s recently enacted cap on housing growth.

Charlotte, North Carolina-based Crescent Communities and C&P Properties LLC, which owns the property at 6263 E. Jewell Ave. — where restaurant White Fence Farm operated for 45 years and closed at the end of 2018 — filed the lawsuit in Jefferson County District Court last week.

Voters in Lakewood, Colorado’s fifth-largest city, approved a measure in July limiting the annual construction of new homes and apartments to no more than 1 percent of the city’s existing housing stock.

According to the lawsuit, Crescent, which is under contract to purchase the White Fence Farm property, submitted development plans to the city for a 234-unit apartment complex at the site in March 2019, months before the vote.

The company claims city staff and Lakewood City Council repeatedly told Crescent that its project and three others for which building permits had been submitted and accepted would be allowed to move forward despite the vote, because of an “Authority to Continue” provision included in the law.

According to the lawsuit, the draft of Resolution 2020-8, which council considered at its Jan. 27 meeting, called for four projects — Crescent’s and the other three — totaling 1,075 residential units to be allowed to move forward. The city then would reduce the number of allowed new housing “allocations” in future years by 1,075 units, to comply with the spirit of the law.


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