Sun Tzu once said, “Ultimate excellence lies not in winning every battle but in defeating the enemy without ever fighting.” At Mountain States Legal Foundation, we believe in excellence—and sometimes, all it takes is a strongly-worded demand letter to protect Constitutional rights.
What should have been an exciting new chapter for Tony and Katie Christensen turned into a bureaucratic nightmare. After purchasing their dream property in Lakewood, Colorado, the Christensens were caught in a legal quagmire caused by Ordinance O24-28. Initially aimed at regulating commercial developers, the ordinance was so broadly written that it forced individual homeowners like the Christensens to dedicate a significant portion of their private land for public use if they wanted the City’s permission to develop their property. The couple, who bought their property in April 2023, faced indefinite delays in obtaining a building permit, leaving them financially burdened paying rent on one residence and a mortgage on a dream home that they could not build, plus double utilities.
One of the most troubling aspects of O24-28 was its requirement that the Christensens turn over nearly 1,400 square feet of their property to the City—just shy of the average home size in Lakewood. Worse yet, the new ordinance was applied retroactively, so the City insisted on enforcing it even after the couple had submitted their permit applications under the prior code. Even after a court issued an injunction against application of the Ordinance, the City continued to insist that it could enforce the Ordinance against the Christensens.
Beyond financial strain, the Christensens raised concerns about security. If forced to surrender part of their land, they would lose control over access. Nearby open spaces had already seen police responses due to illegal encampments.
“With this ordinance in place, I didn’t feel safe letting my boys play outside in our own backyard,” Katie said. “If we were required to dedicate our land to the City, we’d have no say in who uses it, and we wouldn’t even have the ability to remove trespassers.”
Recognizing the constitutional violations at play, Mountain States Legal Foundation took action. We sent a demand letter to the City, stating, “The City cannot justify this exaction and Taking of the family’s property, and accordingly, we demand that the City immediately approve the Christensens’ applications without imposing an unconstitutional parkland dedication.”
As a direct result, the City amended the ordinance, ensuring homeowners like the Christensens were no longer caught in its unintended consequences. With this resolution, they can now move forward with their long-delayed dream of building their home.
“This change brings much-needed clarity to the law,” said Katie Christensen. “We are incredibly grateful for the legal support that helped us fight this battle. This wasn’t just about us—it was about protecting property rights for everyone in Lakewood.”
MSLF attorney Grady Block said, “We commend the Christensens for their unwavering determination to stand up for their property rights through months of financial and emotional stress. It was a privilege for Mountain States Legal Foundation to step in and help them protect those rights—this outcome stands as a testament to their perseverance and a win for property owners across Lakewood.”
The Christensens’ case highlights broader concerns about property rights, government overreach, and poorly crafted legislation. Their fight led to a lasting victory—not just for them, but for all homeowners in Lakewood. Now families can build their homes without fear of unjust land grabs.
