EXPOSING

July 2003. Illegal parking in the fire lanes & radius makes it difficult for fire trucks to use the fire lane. Fire code violation pg.44, paragraphs 4.5.2, 4.5.3,and 4.5.4. (Click on photo for larger image.)

August 2003 came. I got to court, chomping at the bit, just waiting to be heard. My case was called, the defense attorney and I stood up at the podium and the county judge said she had to dismiss my case because she couldn’t grant what I was asking. A county judge in small claims court cannot order the dealership to shield their lights. It would have to be heard in district court. Damn, here I was ready to pounce on that final C.O. and I couldn’t.

So, in my opinion, because of the negligence of the city officials in Golden, Colorado who would not enforce their own ordinances that were causing harm to me for bright light, and, in my opinion, because of the arrogance of a $20-billion-dollar-a-year corporation refusing to shield all of their lights voluntarily (that were causing the harm), I had to mortgage my home and property to use the money for attorney fees, etc. and sue the two John Elway dealerships in district court in Jefferson County, Colorado for a nuisance of light. I insisted on a 6 member jury trial. The trial was suppose to take 3 days, but it took 5 1/2 days.

Taken June 20, 2004 Illegal parking in the fire lanes & radius makes it difficult for fire trucks to use the fire lane. (Click on photo for larger image.)

During the trial, testimony was given under oath by Steve Glueck, the head of the building department for the City of Golden. He was a witness for the defendant, Elway Subaru West (hmmmm). Under direct examination by the defense attorney, the question to him was in reference to the dealership being in violation of the city’s landscape ordinance. The answer by the department head was “I don’t recall being aware of that.” (Court Transcript vol. 7, pg 216, lines 21-24). It had been brought up at the June 2003 City Council meeting and answered by the head of the building department, himself. Now, on cross examination, (by my attorney), the only way he (the department head) could enforce the lighting code/ordinance, was based on “measurements” (Vol. 7, pg. 221, line 18-20). But yet Glueck refused my request for measurements to be taken by his hired lighting engineer of the direct light coming from the front display lot. Again, in Vol. 7, pg, 223, line 14-17 the department head, Steve Glueck, says he used “measurements” from a light meter (the consulting lighting engineers). Also, the City had noone qualified to take or interpret those measurements and that was why they hired the consulting/lighting engineer (Vol. 7, pg. 223, line 18-25 and pg. 224, line 1). His refusal to allow their hired consulting engineer to take measurements of the front display lot is referenced in vol. 7, pg. 234, lines 7-16, but, the wording stated to me wasn’t as nicely put as it was in Vol. 7, lines 7-16. It was as I stated earlier. I know, 'cuz I was there.