Broomfield Developers Sue City Over Town Square Timeline

$30 million in planned improvements sits at the center of a new legal battle in Broomfield. The Broomfield Town Square Alliance filed a lawsuit against the City and County of Broomfield on Oct. 23. The suit aims to block city officials from revoking the site development plan for a proposed town square.

The project would transform a 39-acre area near West 120th Avenue and Main Street into a walkable downtown. The design includes shops, restaurants, lakeside amenities, and hundreds of housing units. The Broomfield City Council approved this plan in September 2023. Under local code, that approval started a three-year clock for developers to pull building permits.

The deadline expired earlier this year. The city declined to grant an 18-month extension requested by the developers. In September, city staff began the process of revoking the approved plan. The Alliance alleges the city breached a contract. According to the filing, the group applied for permits in March for the $30 million in improvements to the swim beach, plaza, streets, sidewalks, and trails. They also sought permits for a boathouse and restrooms.

The developers claim the city told them these permits were insufficient to meet the deadline. They say the city required proof of progress on the project’s main buildings. The Alliance argues this uncertainty stalled their financing. City leaders state they have complied with the development agreement and city code. They also noted that developers had not answered an engineering question regarding changes in the depth of the lake.

Neil Allaire, a resident near the proposed site, has waited years for the project to move forward. He described the location as being walking distance from his home. "It would just be a nice thing to have, go get coffee, ice cream, a beer after work," Allaire said. He added that many neighbors still believe in the vision but are questioning the city's actions. "At this point, people are kind of wondering what the heck the city's doing," he said. Allaire suggested the city show "a little grace" if the developer remains interested.

Both the city and the developers' attorneys declined interview requests from reporters. At a Land Use Review Commission meeting on Monday, city staff explained that the three-year deadline ensures approved plans still fit community needs over time. The commission voted to recommend revoking the town square plan. The City Council will make the final decision on Tuesday, Dec. 8.

The legal filing adds a new layer to a project that has faced delays since its initial approval. The lawsuit seeks to clarify the requirements for meeting the permit deadline. The outcome will determine whether the 39-acre site remains under the original development agreement.