Broomfield Square Developers Sue City Over Delay

A legal dispute has emerged over the future of a 39-acre town square project in Broomfield. The Broomfield Town Square Alliance filed a lawsuit against the City and County of Broomfield on October 23. The suit alleges the city breached a contract by failing to recognize permit applications as valid progress toward a development deadline.

The proposed development includes shops, restaurants, lakeside amenities, and hundreds of housing units. City Council approved the site development plan in September 2023. Under local code, that approval started a three-year clock for developers to obtain building permits. The deadline passed earlier this year after the city refused to grant an 18-month extension. In September, city officials initiated the process to revoke the approved plan.

The lawsuit details that the Alliance applied for permits in March covering $30 million in improvements. These improvements include upgrades to a nearby swim beach, plaza, streets, sidewalks, and trails. The developers also sought permits for a boathouse and restrooms. The Alliance claims city officials stated those permits were insufficient. Officials allegedly required proof of progress on main buildings to satisfy the deadline. The developers say this uncertainty stalled their financing efforts.

City leaders maintain they have complied with the development agreement and city code. They cited concerns that developers had not responded to an engineering question regarding changes in the depth of the adjacent lake. Neither the city nor the developers' attorneys agreed to interviews regarding the specific details of the lawsuit.

Neil Allaire, a resident near the proposed site, stated he has waited years for the project to materialize. He described the location as walking distance from his home and expressed a desire for local amenities like coffee and dining. Allaire said many residents still support the vision but find it difficult to believe it will be built due to the delays. He suggested the city show grace and consider an extension if the developer remains interested.

City staff explained at a Land Use Review Commission meeting on Monday that the three-year deadline ensures approved plans still meet community needs. The commission voted to recommend revoking the town square plan. The City Council will make the final decision on the revocation at a meeting on Tuesday, December 8.