The Adams County Board of Commissioners filed a lawsuit today against the City and County of Denver (Denver). The legal action, filed in Jefferson County District Court, relates to noise monitoring as dictated by the original 1988 Intergovernmental Agreement between Adams County and Denver.
Adams County contends that insufficient methods of measuring noise violations are being used by Denver to evaluate the impact of noise on residences in Adams County. Despite months of negotiations, and multiple extensions of a tolling agreement between parties, Denver has not agreed to comply with the measuring system required by the 1988 agreement.
“We tried everything to avoid having to go down this road, but our residents elected us to advocate on their behalf and to protect agreements in place prior to our arrival,” said Board Chair Mary Hodge. “Denver got their airport while moving the noise impacts associated with an airport out of their city and into our municipalities. We have to make sure they’re sticking with the spirit and language of that original pact.”
The original 1988 agreement outlines the use of monitoring stations, not noise modeling. The lawsuit contends Denver had actual knowledge that a noise modeling system being used by Denver understates the actual noise exposure to residents of Adams County.
“Before we can discuss the impact of noise and the potential violations, we have to ensure the data we are all evaluating is accurate and verifiable information,” said Commissioner Hodge. “Our hope is to continue discussions with our partners in Denver to find a resolution that satisfies our commitment to residents while avoiding lengthy and costly litigation.”