A judge has rejected an Oklahoma-based convenience store chain’s claim that Denver leaders unconstitutionally blocked its proposals to build four gas stations around the city.
In February, the Denver City Council passed a zoning amendment that said new gas stations can’t be within a quarter-mile of an existing station, or within 300 feet of a “protected residential zone district.”
The company QuikTrip filed a lawsuit weeks later, saying that the new law would upend its plans to build several stations and convenience stores, which it had submitted before the law passed.
But District Court Judge Kandace C. Gerdes on July 3 ruled that city leaders had acted within their rights, even though the new law was applied retroactively, covering applications as far back as May 2024.
QuikTrip says it has already spent more than $750,000 on plans for the four properties, and it had been working on leasing and buying the land since 2023.
In the lawsuit, the company alleged that the Denver legislation violated the state constitution. It said the local law should not have retroactively affected plans that had already been submitted. QuikTrip also argued that the law interfered with its contracts with property owners and was an unconstitutional “taking.”
The judge agreed that the law was retrospective, but ruled that didn’t automatically make it unconstitutional. Part of the case hinged on whether the city had retroactively taken away a “vested” right. The city argued that QuikTrip did not have vested rights because it hadn’t received any final approvals or permits for its proposed projects.
The judge appeared to agree, writing that QuikTrip did not establish a vested property right — even if it made investment decisions based on the rules as they existed at the time.
The judge also found city officials were acting in the name of the public good.
“Accordingly, as the Court is permitted to balance the right against public health concerns and public policy considerations, the Court finds that the Amendment is permissibly retroactive,” Gerdes wrote.
QuikTrip had entered into contracts to buy or lease four properties in 2023 and 2024:
- 12225 E. 39th Avenue
- 1595 W. 48th Avenue
- 2100 S. Colorado Boulevard
- 5500 E. Yale Avenue
The city has since rejected the chain’s concept plans for Colorado Boulevard, and QuikTrip argued that its other proposals would be affected too, according to the ruling. QuikTrip was joined in the lawsuit by one of the property owners.
The judge also dismissed other arguments by the plaintiffs. The judge found the claims of harm were premature because QuikTrip’s applications hadn’t been officially and finally denied by the city.
“The Court finds that Plaintiffs’ applications have not gone through the complete administrative application process, including submitting requests for waiver or variance. Thus, this case is not ripe for review and the Court is required, under Colorado law, to refuse to consider contingent future matters that suppose speculative injury that may never occur,” Gerdes wrote.
The judge also rejected claims that the city law interfered with the company’s contracts and represented an unconstitutional taking.
Aisha Jefferson, a spokesperson for QuikTrip, didn’t say whether the company would appeal or file another lawsuit.
“We are disappointed in the court’s decision and are currently evaluating next steps with respect to the ordinance. In the meantime, we remain fully committed to being a good neighbor and providing best-in-class services at our existing stores in Denver,” Jefferson wrote in an email.
QuikTrip currently has two stores in Denver and 20 in total on the Front Range.
