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Judge Rules Against Expansion of Denver Rescue Mission

DENVER (CBS4) - A Denver District Court judge has ruled against the Denver Rescue Mission and its plans for an $8.6 million expansion, a move that had been opposed by residents of the Ballpark neighborhood.

In a six-page decision obtained by CBS4, Denver District Court Judge R. Michael Mullins agreed Thursday that the City of Denver and its Board of Adjustment for Zoning Appeals "abused their discretion and exceeded their jurisdiction" by agreeing to allow the Denver Rescue Mission to expand.

DRM had called the proposed 11,000 square foot expansion a "community center." But the Ballpark Neighborhood Association claimed the new building was not really a community center at all but simply an expansion of the existing homeless shelter.

In 2014 the project received approval and necessary permits from the City of Denver and its Board of Adjustment which agreed the facility met the definition of a community center. In his ruling, Mullins wrote, "The Board was required to look at the intended use of the building, and this intended use, as clearly established by the facts, does not fall within the definition of a 'community center' as defined by the Code," wrote Mullins. "The evidence weighs heavily against the contention that DRM intended the center to be used as a community center. DRM is in the business of serving the homeless population and originally planned this project as an expansion. This was changed to 'community center' after DRM met with zoning officials."

Mullins wrote that the intended use of the building was "clearly not for a community center."

Neighbors had expressed opposition to the expansion saying it would draw even more homeless men and women to the area.

LINK: Read The Judge's Decision 

CBS4 Investigator Brian Maass has been with the station more than 30 years uncovering waste, fraud and corruption. Follow him on Twitter @Briancbs4.

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