A judge has dismissed a lawsuit filed by residents of Denver’s Cedar Run Apartments against its corporate owner, citing insufficient evidence to back up their allegations of poor living conditions.
Denver County Court Judge Brian Williamson ended the case with an oral ruling issued from the bench in late March. A representative of Cedar Run owner Gelt Venture Partners provided a court transcript of the proceedings to The Denver Post this week.
According to the transcript, Williamson denied the residents’ requests for temporary and permanent injunctions in the case. He also dissolved a temporary restraining order that went into effect on March 12, shortly after the lawsuit was filed.
Williamson said the court could not find that the occupants were “at risk of an immediate and repairable injury” because of the conditions at Cedar Run.
Cedar Run, 888 S. Oneida St., has drawn attention this year — first as the site of a federal immigration raid in February, then as the focal point of the lawsuit filed by occupants on March 10. The judge made his ruling in court on March 28 after hearing testimony on March 24.
Eida Altman, the director of the Denver Metro Tenants Union, says the tenants have still benefited from the suit — predominantly from the temporary restraining order. Her organization uses its collective membership to advocate for tenants’ rights.
“The purpose of a temporary restraining order is to have a quick and immediate result,” Altman said Thursday. “The changes at Cedar Run have been significant since filing the lawsuit.”
Earlier, during a news conference announcing their lawsuit against Cedar Run and Apartment Management Consultants LLC, several tenants said unsecured exterior doors to the complex’s residential buildings resulted in problems like vandalism, human waste and trespassers in common areas.
The Denver Department of Public Health and Environment issued a notice of violation to Cedar Run over unsatisfactory living conditions last year.
Since the lawsuit was filed, Cedar Run started repairing its doors and laundry rooms, and management committed to restoring mailboxes, Altman said. The union is also meeting with management on a monthly basis.
“I hate that litigation was required to get there,” she said.
As for the court action, Williamson said in late March that the plaintiffs failed to provide enough evidence, such as photographs and videos, to corroborate their testimony, according to the transcript. He also said the apartment complex owners had shown that they were working with DDPHE to fix problems on the property, with the agency making weekly visits at one point.
“The tenants’ union would have wanted the court to continue oversight,” Altman said. “So I’m not going to pretend like we’re pleased with that result.”
A Wednesday statement from Gelt Venture Partners says Cedar Run has worked diligently to repair past maintenance problems caused by individuals who are not residents of the apartment complex.
The owners also said that, while many of the problems were outside its control, its team has worked with city officials to ensure a safe living environment for its residents. It will work with residents to make Cedar Run a place they are proud to call home, the statement says.
Apartment Management Consultants representatives Theresa Foss and Robyn Streeks didn’t immediately respond to a request for comment this week.
Denver attorney Andrew Lipscomb, who represented the tenants in the lawsuit, also didn’t immediately respond to requests for comment Thursday.
In spite of the ruling against the tenants, the resulting changes at the apartment complex have left occupants feeling like they ultimately won, Altman said: “Frankly, we would see this as a success.”
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