Wayne F. Forman

Successfully defended in Douglas County District Court and the Colorado Court of Appeals a challenge to the rezoning of the Sterling Ranch development involving the required showing of water adequacy under state law.

Represented a national apartment builder in defending challenge to city approval of project and in challenging city resolution applying growth control ordinance. Negotiated settlement with neighbor groups and the city to allow project to proceed.

Represented a national homebuilder in defense of a nationwide enforcement action concerning alleged violations of construction storm water requirements under the Clean Water Act. Successfully negotiated a consent decree entered in federal district court in Virginia which resolved all claims.

Representing a water authority and private entity as co-applicants concerning a water court application to appropriate 200 c.f.s. of water from the lower South Platte River.

Represented a metropolitan district as applicant in a five-day trial in Division 1 Water Court over a change of ditch company shares.

Successfully defended the Town of Minden, Nevada in federal and state courts against challenges to its change of water rights mounted by the Pyramid Lake Piute Tribe of Indians.

Won a major ruling in Adams County District Court on behalf of client, Colorado Oil & Gas Association (COGA) and the American Petroleum Institute (API). COGA and API jointly filed suit in October to overturn a number of oil and gas regulations adopted by the City of Thornton. Colorado District Court Judge Edward Moss ruled that many of Thornton’s regulations, including its setback regulations, were illegal and operationally preempted by state law.

Represented the Colorado Oil and Gas Association in litigation against Lafayette, Fort Collins, and Longmont regarding bans or moratoria on hydraulic fracturing activities, prevailing on summary judgment in each matter. This litigation involved precedent-setting issues pertaining to state versus local preemption of oil and gas activities.