Archive for the ‘Brothers Klen’ Category

Building Without Permits – Part II

Thursday, January 5th, 2012

Like a bad sequel, Loveland architect Roger Kenney’s renovation project on his historic downtown building is back in the news as city staff again attempts to whitewash a clear pattern of preferential treatment when it comes to enforcing city codes. see story

This time, Loveland City Manager Bill Cahill investigated public complaints with the help of Assistant City Manager Rod Wensing. Their inquiry appears to have been an inquiry to the fox only about why the chickens are complaining. Staff predictably misunderstood the complaints and narrowed the scope of the inquiry to the only part of the renovation project that eventually was provided a permit.

Ed Klen, the most recent complainer, paid over $1,000 to Colorado Code Consultants LLC to review the plans the city did approve after the project was well under way. You can read their independent analysis by reading Klen’s recent appeal to Loveland’s Council.

We look forward to a more complete review of the matter by the city council in an OPEN and public meeting.

Johnson’s Morning After Email – Klen vs. City of Loveland

Sunday, December 20th, 2009

Loveland’s city hall was buzzing last week in reaction to an email sent out by Councilwoman Johnson that appears to be;

1. A violation of Colorado’s open meetings law
2. An unauthorized disclosure of a closed session meeting discussion
3. A waiver of the city’s right to Tuesday’s privileged attorney-client communication thus opening the door for the plaintiffs to review any tape recording of the meeting

Johnson, an attorney by training, is trying to lawyer the city’s defense in Klen vs. the City of Loveland by herself and all while frustrating the efforts of the outside counsel, John Duval (City Attorney) and Don Williams. We do agree, however, with Johnson’s conclusions.

The city should settle the case now to cut their losses and REMOVE staff responsible for any illegal conduct that may have occurred resulting in the costly litigation.

City Manager Don Williams has been promoting a tactic of running the plaintiffs out of money by filing lots of summary motions while also allegedly blacklisting the developers from doing any business in Loveland even on property they already own.

Unfortunately, the high cost of William’s strategy means now over $200,000 has been spent by Loveland tax payers on this case that hasn’t even gone to trial yet. So we agree with Johnson’s conclusions to settle the case but certainly not her blunders in trying to find support from her colleagues to do it over a public email system.

As a Loveland taxpayer, you are paying for William’s expensive defense team strategy but will also pay any damages if the city goes to trial. What are your thoughts?

The Brothers Klen

Tuesday, December 16th, 2008

Two brothers and their development company have filed a lawsuit against the City of Loveland and key members of the senior staff.

Former City of Loveland building officials have signed affidavits revealing what people have long suspected but couldn’t prove, that the development laws in Loveland only apply to some but not everyone.

The City Manager, Don Williams, and crew allowed multiple projects to begin without proper permits, gave verbal approval for some to ignore stop work orders (SWO) and generally ran the city development process in an arbitrary manner by rewarding friends and punishing critics.

The iniquities may now cost taxpayers millions as the Klen brothers seek restitution for the damages they claim the city cost their project after they spoke out against improper behavior by city officials. The claim is well founded. A simple permit to begin the foundation work dragged out over more than a year after staff lost the application, refused to process it and later, according to Klens, even perjured themselves by falsifying the application with fraudulent entries.

City Council member David Clark sailed through the approval process with a competitive commercial building project located close to the Klen’s project in east Loveland. Now Clark is contributing to the city’s direction to the outside counsel on the Klen’s case even though there appears to be a conflict of interest.

The depositions will begin soon and much more is likely to be revealed as the Klen’s attorney opens the door to much larger problems in the management of the City of Loveland.

All city employees who are concerned about the lawsuit should seek independent legal counsel. Using the city’s attorneys means your personal interests may take a back seat to the city manager’s objectives in defending himself. Cities often indemnify employees by paying their legal fees. A smart employee would seek their own independent legal counsel and ask for the city to pay their defense instead of relying on the attorney directed by the city manager to defend their interests. Too often, the interest of an individual employee who needs to be forthright in the legal process is incompatible with that of their supervisors causing a conflict of interest between the defendants.

In the end, the Mayor and City Council need to show leadership by cleaning-up the process and reforming Loveland’s development, building and planning processes. In the meantime, the Klens will likely have their day in court to prove their allegations.

Please feel free to post any comments or corrections to the story here.

See the story and court documents on LovelandPolitics