I am proud of the history of my family in Denver. The Foster Family has been in the 303 since 1970 (yes, we predated the 720 and 10 digit dialing!) But as we have had a nice history in Denver, I wouldn’t exactly say we merit “historic designation” – not that a family can merit historic designation, but as we have all learned recently, a building can.

Designating certain property as “historic” helps to capture a certain memory of an important place or a piece of architecture. In many cases, the historic buildings and the need to keep them intact is obvious. Many people buy properties intending to preserve and even restore their historic qualities. However, once a property is deemed historic, this can severely limit what can be done with the property.

Interestingly, Denverites are given an opportunity to designate not only their own property as historic but can file an application to cause someone else’s property to be designated as historic, even without the owner’s consent. This recently played out in the well documented case of Tom’s Diner on East Colfax. While the Tom’s Diner case was heard, I was handling a similar case for clients who own property in North Park Hill. You can read more about this case and the national issue of historic designation in the Wall Street Journal .

While we were successful in fending off this egregious effort, it caused me to think about ensuring that this should not happen to other people in Denver. For anyone in Denver who owns property that is concerned about guaranteeing you have control over its future demise, you have the right to file an application for a “certificate of non-historic status” which gives you the right to demolish your structure (if over 30 years old) for the next five years without further landmark review or approval. If you have any interest in redevelopment of your property at all, please click this link or call me at the office to discuss.

As I watched the Tom’s Diner story unfold, I considered how vulnerable property owners were to the whims of others and ultimately to City Council members. I also considered how our city continues to change and evolve before our eyes. Some of my favorite places to go when I was a kid no longer exist. My very best Sunday as a kid would include a Broncos game at Mile High Stadium, a trip to Celebrity Sports Center capped off with dinner at the Yum Yum Tree. None of these places exist any longer but I can still cherish the memories of these places and experiences. My children are creating new history in Denver in new and different locations.

The places that created some of our history no longer exist but have been replaced with new opportunities and places for history creation. My hope is that we have many more conversations about our future and how to make sure we create great history for many generations to come. 

Speaking of history, I would be remiss if I didn’t wish those recently celebrating Rosh Hashana a sweet, prosperous and happy new year. 5780 is quite a history!
FGMC is proud to announce that John Chanin has been included in the 2020 Edition of The Best Lawyers in America© by USNEWS & World Report as “Lawyer of the Year” for Litigation-Banking and Finance.

“We are thrilled, but not surprised, that John was recognized by his peers as Lawyer of the Year,” said FGMC managing partner Dan Foster.

Only a single lawyer in each practice area and designated metropolitan area is honored as “Lawyer of the Year,” making this accolade particularly noteworthy. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.

Foster Graham is honored to represent the plaintiffs in an important case that has garnered national media attention. Neil Mahoney, who has incurable stage 4 cancer, asked his physician Barbara Morris to write him a legal prescription for aid-in-dying medication pursuant to Colorado’s End of Life Options Act. Dr. Morris’s employer Centura, a Christian hospital system, had adopted a religiously motivated policy prohibiting its doctors from participating in the lawful medical aid-in-dying process. By its own admission, Centura’s policy conflicts with Colorado law. So Mr. Mahoney and Dr. Morris, represented by Foster Graham, filed a lawsuit in Colorado state court seeking a declaratory judgment that Centura’s policy is unlawful. Days after the lawsuit was filed, Centura wrongfully terminated Dr. Morris. Centura maintains that the Colorado law is unconstitutional because it violates Centura’s First Amendment free exercise rights. Dr. Morris has filed claims related to her unlawful termination. The case has been covered by the New York Times, the Washington Post, the Denver Post, NBC, CBS, Fox, Colorado Public Radio, and other print, television, and radio outlets. Foster Graham lawyers Danny Foster, Jason Spitalnick, Steve Wienczkowski, Katie Roush, and Melanie MacWilliams-Brooks are working on the matter.

All too often the lawyers in our practice handle cases for good kids who have found themselves in trouble. Whether it be school discipline or contact with law enforcement, the best way to protect your children is to understand how the laws work in Colorado and create a dialogue about how to help your kids make good decisions.  We invite you and your child (or grandchild) to attend this two-hour seminar to discuss the pitfalls teenagers face in Colorado. We hope our collective experience can help your children avoid mistakes that can have lifelong consequences.

Foster, Graham, Milstein & Calisher, LLP is excited to announce the opening of the FGMC Investigations Unit.

For years FGMC has proudly represented many public and private companies, government agencies, and municipalities as well as hundreds of law enforcement personnel, teachers and school administrators, fire fighters, medical personnel, and numerous other professionals.  

Our team is bringing this rich experience to the field of investigations in employment settings. Our Investigation Unit is available to conduct independent investigations into a variety of workplace concerns for all matters including but not limited to allegations of harassment and bullying, accidents, workplace violence, discrimination, theft, and most other matters that require a comprehensive and objective investigation.  
If your workplace, company, municipality or other entity needs efficient, thorough and dynamic investigations, please reach out to FGMC’s Investigations Unit today.
Foster Graham Milstein & Calisher is pleased to announce that three Partners have been included in the 2020 Edition of  The Best Lawyers in America©.   

Lara Baker  is recognized for Criminal Defense: General Practice

Gary Lozow  is recognized for Criminal Defense: General Practice and White-Collar

John Chanin  is recognized as “Lawyer of the Year” for Litigation: Banking and Finance. John Chanin is also recognized for Criminal Defense: White-Collar

F GMC Welcomes Lindsey Idelberg

FGMC welcomes our newest associate attorney Lindsey Idelberg. Lindsey is a Denver native and graduate of East High School, The University of Colorado and the University of Denver Sturm College of Law. Lindsey is fluent in Spanish and has a diverse background having been a paralegal in several local law firms prior to attending law school.  Lindsey’s practice will focus on representing people injured in serious automobile, trucking and motorcycle accidents.  

It seems like every day we hear of a police officer-involved shooting. Just hearing these words has a tendency to immediately polarize people despite the fact that limited information might be available. Sometimes, especially when race is an issue, shootings become a central focus in the news. Violent and non-violent protests can occur immediately after the shooting. Often, it seems as though the cycle of anger and protest in communities is repeated when the district attorney has to make a decision regarding whether any criminal charges will be filed against the police officer. These incidents capture so much attention and garner a lot of political debate. But you may wonder – what actually happens when an officer involved shooting occurs?

Remember the days when parents were able to march their aberrant teen back to whomever they offended and make them apologize and pay for their misdeeds? Today, this action, parents holding their child accountable, can lead to serious criminal charges. So, what is a parent to do?

I’ve always loved working with teenagers. As a high school math teacher, a volunteer with Learn Your Rights in Colorado, as juvenile defense attorney at the Public Defender’s Office and now at FGMC. I’ve seen teenagers make the most wonderful, empowered decisions and almost simultaneously do knucklehead teenage things – like taking a t-shirt from a department store, getting into a fight at school, entering a building without permission, or drinking in public. These actions might land them in juvenile detention or pending criminal charges, facing a criminal record, possible incarceration, and derailed future plans. 

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