Local governments have the legal authority to challenge federal facilities through zoning laws and land use regulations, as demonstrated by a lawsuit in Hudson, Colorado that seeks to block an ICE detention center by arguing the facility violates local zoning codes and that conditional use permits expire after a period of inactivity.
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Cemetery struggles; Next with Kyle Clark full show (7/22/26)
Added:[music] >> Tonight, only on Next, a new federal lawsuit seeks to block a second proposed ICE detention center [music] in Colorado.
>> It sets the exceptionally important precedent [music] that we are not helpless here in Colorado.
>> Phil Weiser's picked his lieutenant [music] governor running mate. Question is, what would she do in office?
>> Are you concerned with respect, if elected lieutenant governor, that [music] you will be bored? It often seems like they don't have a lot to do.
>> A cemetery struggles with how to make it right to families amid confusion about who is buried where.
>> I'm a Catholic. I don't want to be I don't want to go to hell.
>> And we'll raise funds for a little-known, but highly respected nonprofit preparing parents [music] to be the best possible teachers for their young children. Tonight, on Next.
[music] >> The small town of Hudson, Colorado, says it cannot stop plans for a new ICE detention center. A newly filed federal lawsuit says Hudson's leaders can stop the project. Our Mark Sallinger's the first to report on this new strategy to block the immigration detention facility.
>> From outside, the old prison in Hudson certainly looks like the type of place where people in custody would be held.
But a new lawsuit argues the land is not zoned as a correctional facility, and therefore legally can't be used as an immigration detention center unless the town made zoning changes through a public process.
>> If they want the the facility to be used in these kinds of ways, then they have to go through the proper procedures to allow for that special use.
>> Late this evening, attorney David Seligman filed a lawsuit against Hudson.
It's the first legal action taken against the town in Weld County since ICE announced it would soon house up to 1,200 people at the shuttered prison.
>> It has the responsibility, it has the obligation to enforce local zoning laws.
>> A draft of the lawsuit reviewed by 9 News states the facility is zoned as an industrial district and was last used from 2009 to 2013 as a private prison.
At the time, the facility operated under a conditional use permit issued in 2008 and approved by Hudson voters through a ballot measure. Since it has been closed for more than a decade, the lawsuit argues that permit is no longer valid.
>> They're obligated under Colorado law to treat the ICE facility just like any other type of facility that might come into town um and to give the people of Hudson uh of uh and the people of Colorado a voice in this process.
>> The town of Hudson has previously said it has no approval authority over federal immigration detention operations at the private facility.
Protesters have shown up to town council meetings arguing town leaders could do more.
>> We do think the town of Hudson and its residents have the ability to stop the detention center.
>> Defend the human dignity of every person. No exceptions.
>> Jorge de los Santos is the pastor at Our Lady Mother of the Church and Thomas Weiler is the lead organizer of the nonprofit Together Colorado, one of the plaintiffs in the case.
>> Time and time again we had we saw local officials abdicate their authority and as we're seeing in the town of Hudson >> Act according to the values, not according to the monetary principles.
>> The town's land development code does not list detention or correctional facilities as a permitted use on the land where the old prison sits. The lawsuit argues unlisted uses are generally not allowed. Seligman wants the town to enforce its own laws.
>> I think it sets the the exceptionally important precedent um that uh we are not helpless here in Colorado, that our uh our localities are not helpless to protect the people of Colorado and to protect their residents.
>> As Mark Salinger reporting, the town of Hudson has previously said it just controls the traffic management, water and waste water, the emergency services, and the community safety around the facility. The town said earlier this month that facility is privately owned, and that any federal detention operation is authorized through federal contracts, not an agreement with the town. The mayor did not respond to our questions today.
The ICE contractor accused of shooting a protester will not face attempted murder charges. He's been charged with assault instead. Brenda Booth works for the GEO Group, which runs the detention center in Aurora. Prosecutors say protesters recently blocked employees from getting to work one night, and that's when investigators say Booth got into an argument with two protesters, then shot a woman in the foot. She's recovering and has already rejoined protest at the detention center. Booth was originally held on suspicion of attempted murder.
He's now being formally charged with assault, which can carry 10 to 32 years in prison.
Phil Weiser's running mate is Jeffco Commissioner Leslie Dooley Kemper. It's a safe and a confident pick from the Democratic nominee and the big frontrunner for governor. Dooley Kemper is experienced, she's disciplined, she's unlikely to say or do anything that would be a distraction to the Weiser campaign, but she doesn't exactly shore up any weakness or expand the appeal of Weiser's ticket.
He may not need it in a state that has elected just one Republican governor in the last half century. Dooley Kemper's a two-term Jeffco Commissioner. Before that, she was on the Jeffco School Board during the political battles that led to the recall of three conservative board members. Dooley Kemper's a former journalist and a communications pro. She sticks to the script. What is not clear is what she would actually do as Lieutenant Governor, a job without many formal duties. And their only joint sit-down following today's announcement, Dooley Kemper Dooley Kemper deflected when I asked if she might be bored in this [music] job.
>> My real interest is in how do we look in creative ways, innovative ways, at some of the toughest issues facing our state, whether it's housing affordability, whether it's attracting businesses to Colorado and jobs that are good for the people of Colorado, access to health care and so much more.
Wildfire resiliency is a big issue that we work on in Jefferson County. Those are the issues and others that I'm excited to work on with Phil to advance his agenda and to deliver results for Coloradans.
>> So, it pretty much seems like it's up to the governor how they want their lieutenant governor to function, right?
So, one way to do it is you send your lieutenant governor to whatever events you don't want to go to that day.
Or you could give that person a whole second job in the administration like Governor Polis has done. That's also allowed him to increase his lieutenant governor's salary. Is that something that you'll do?
>> What we have with Leslie, and this is extraordinary. We have a best available athlete who can play multiple positions.
So, for baseball fans, think Shohei Ohtani.
Great pitcher, great hitter. That's Leslie. She can play multiple positions.
So, my honest answer, I don't know how we're going to use her, and that's a luxury because she can cover so many different positions. Let's take wildfire resiliency. We don't have an office of wildfire resiliency, but having Leslie as my lieutenant governor gives me somebody who knows how to lead on that issue. We've talked about behavioral health, education, former president of school board. One of the issues I'm really concerned about is we've hollowed out our education system. The so-called BS factor, which is BS, but it means budget stabilization. How do we reinvest in education? Leslie's leadership skills gives us really special opportunities. So, we'll see.
>> Picking a running mate from a neighboring county is going to reinforce what Republicans say, which is the Democrats only care about the metro area. How do you respond?
>> I want to offer two responses. First, get to know both of us, who we are, how we show up. And by the way, Leslie has roots in southern Colorado that she can talk about. The second point is the work I did on the opioid crisis that we've talked about is work I did showing up all across Colorado. The leadership that he provided was for all across Colorado. I've had rural county commissioners reach out to me since this announcement telling me how this gives them confidence of my commitment to lead our whole state.
>> Weiser's campaign celebrated Dahlkemper's work rolling back the Taxpayer Bill of Rights restrictions to allow Jeffco to keep more tax revenue.
They tried three times, voters finally approved it. When I asked Weiser and Dahlkemper if that means that they're going to be gunning for TABOR as a whole statewide, Weiser said that voters should always be able to vote on tax increases, but he said the rest of TABOR needs to be up for discussion.
Dahlkemper ignored my questions about Republican candidate Victor Marks as if the man does not exist.
Marks is yet to pick a running mate, though today his campaign declined to have their ticket sit down and take questions from 9 News once it's announced. You can see my full conversation with Weiser and Dahlkemper on the next YouTube channel.
Every child's first teacher will be a parent. Some parents are ready and equipped for that role. Others could use guidance on making their kids preschool years a time of learning and growth and happiness. [music] That's where the nonprofit Parent Possible comes in, and they're the recipient of this week's Word of Thanks microgiving [music] campaign. Parent Possible has done this work in Colorado for decades, and they're deeply respected. Their home visitors work one-on-one with parents to help make each home a place where kids learn and grow, feel safe and supported. They teach parents how to teach kids the foundational skills that they will need to go to school prepared to learn. Like many nonprofits, Parent Possible has dealt with the impact of federal funding cuts. We can help them provide more families with that crucial support that they need to help their kids succeed in life. Scan the QR code on your screen or text the word thanks to 303-871-1491 to get that link to donate. Even $5 helps. That's how you raised $19 million across Colorado, and you know the deal.
I'm never just going to sit here and ask you to give, so I'll match the first 50 donations of $5 to get us going.
More than 8,000 of you are signed [music] up to make a monthly donation to the Worthy Thanks Fund. You pick a donation amount, put your info in once, and automatically your donation split among all the nonprofits we feature [music] month after month. And that's expected add about $40,000 a week to all five campaigns [music] this month.
Lafayette asked its citizens to think about where they're going after they die because the historic [music] cemetery there has hit capacity.
>> I don't want to be buried on top of somebody.
But, I do want to be buried in Lafayette as close to my parents as I can be.
>> And some towns are abuzz about the possibility of deliveries by drone.
That's next.
A years-long cemetery mystery in Lafayette is leaving some families uncertain about their final resting place. Last night, city council approved a plan to address the problem. It involves asking a lot of folks to come up with a plan B for their burial. Arvin Krugel explains.
>> I got a family buried here in Lafayette.
>> On the west side of the Lafayette Cemetery, sits a gravestone with two words clearly printed.
>> Ours is Ortega together forever. That's what my father wanted. He wanted me to be buried with him.
>> It's why Jim Ortega purchased two plots here.
>> That's correct.
>> Just feet away from his mother and father.
>> My plot is uh here and my wife's is here.
>> Jim has spent the past 43 years thinking this is where he'd rest.
>> Yeah.
>> [laughter] >> I thought I had real estate here.
>> That changed last fall.
>> In September 2025, during a routine burial, the city, as they were digging, encountered human remains that were not expected to be there.
>> The city shut down all burials here and has since learned the cemetery has less space than city records show.
>> It is a much smaller number than any of us would like it to be.
>> Council member Kyle Boller says that means dozens of people own plots that may not actually exist.
>> And so all that has led to being a very full cemetery with uh unfortunately hundreds of plots still outstanding.
>> Tuesday night, Kyle and other council members unanimously approved a plan giving families with plots four choices.
They can sell the plot back to the city, relocate to a different cemetery in Louisville, be cremated and buried, or take the risk of a traditional burial that could be stopped if human remains are found.
>> It is possible and in some cases likely that when digging we may hit we won't dig and explore if it's very clear that the that the plot is full, but if it appears open, we absolutely want to make that happen.
>> You know, it's it's just not right.
>> Jim wants to know before he's buried whether there's room here.
>> They won't allow us to dig. They won't allow us to do anything.
>> You could physically hand dig 5 acres, but you would desecrate all of these many graves. And so we're not going to do that.
>> Jim still hopes to be laid to rest here >> Yep.
>> but says not knowing if his plot is taken is anything but restful.
>> I'm not sleeping at night because of this.
It breaks my heart.
>> Now people who own plots at the cemetery have until January 31st to choose which option they want to pursue. Again, if they choose a casket burial, they'll need to have a backup plan in place in that event that they dig into the ground and that spot they thought was empty is already taken. Kyle.
>> Maybe this is a dumb question, but there's nothing that exists in the technological space that would allow them to go out and survey these individual plots just to give people some peace of mind?
>> They've done that surveying underground.
The problem is it shows there's something there, but it doesn't show what it is. It could be a tree root. It could be an old piece of metal. It could be human remains. Unfortunately, the only way to know for sure is to dig into the ground, and they don't want to have a prairie dog hole situation where there's 500 holes across the cemetery.
So, they're waiting until people pass to physically dig into the ground to see if those spots are truly available.
>> Wow, it's a sad and fascinating situation. Evan Kruegel, thank you.
>> Ugh, Evan, that story. The weather story is evolving. We have heavy rain falling in downtown Denver, and it's impacting travel for those heading home after work or summer school. We do have poor visibility and some standing water on the roadways. We managed low 90s in Denver today with triple-digit highs over southeastern Colorado, but due to the cloud cover and the rain, we've cooled back to 78° in Denver. It feels amazing out there. We were tracking severe thunderstorms over DIA in Denver that were producing thunderstorm wind gusts over 60 mph and torrential rain and lightning. That first wave of severe storms has tracked north and east, but now a new round of storms that will impact the airport and possible ground stops or delays again for the second time as more rain is coming into that area. A second round of showers coming through Roxborough, Highlands Ranch, and Parker. And just moments ago, the flash flood warning in Jefferson County and Park County has canceled. So, good news there. Slow-moving thunderstorms will continue to drop heavy rain. So, this flash flood watch will continue tonight.
And these are flash flood warnings embedded within that watch area. So, expect some rain in Denver. If you haven't seen any yet, we've got a good chance between now and 10 to see those heavy downpours. We're going to see this again tomorrow, and then we go right back to the hot dry weather pattern that'll see us in the 90s. But look at your sleeping weather tonight. Good stuff. And so tomorrow the coolest day of the week at 85 with rain, sunshine and 90s Friday, and your weekend looks hot and dry with highs near 100° both Saturday and Sunday.
>> Castle Rock and Parker are declaring a no fly zone for door-to-door drone delivery. A reminder, you can watch next streaming each night 6:00 p.m. wherever you watch, and next is a podcast wherever you get those.
Big retailers like Walmart and Amazon see delivery drones as the future of shipping. It will not be in the near future for folks in Parker and Castle Rock because leaders there just passed emergency ordinances this week blocking delivery drones from buzzing around town. Those towns have both been eyed as future sites for drone delivery hubs.
Right now, neither town has rules in place to govern traffic, noise, safety, the wildlife impacts, a little flying robots taking groceries door-to-door.
Parker's town council wants at least a 9-month pause before drone delivery companies could put in a hub. Castle Rock's looking at a 6-month pause. Town leaders there say they aren't against the technology altogether. They They would like somebody else to go first and work out the kinks.
>> We think that would It's probably a it will happen eventually.
Um but we'd like somebody else to uh figure it out a little bit and and we want [clears throat] to figure it out on our own as well and and uh I just think that you know, there's a lot more questions than answers right now. And uh I would like to a lot of those questions answered. Uh we're not trying to tell the FAA how to do their job or other companies how to do their job. Um we just want to make sure that we we're part of the process.
>> The towns have limited control over delivery drones, which are regulated by the Federal Aviation Administration as he alluded to, but the towns that do have say over land use and zoning, which would control the hubs where drones could land and take off.
We are back with your feedback next.
Thank you much.
>> You're welcome much.
>> Some parents instinctively seem to know how to be their child's first teacher.
Other parents could use some instruction and that is where the nonprofit Parent Possible comes in across Colorado. Scan the QR code on your screen or text the word thanks to 303-871-1491 to join me and a bunch of others in donating to support that nonprofit's work this week. Parent Possible's home visitors help parents learn the skills they'll need to help their children learn. Kids raised in homes where parents are capable and enthusiastic teachers are kids that go off to school ready to learn and succeed throughout life. Parent Possible has done this work around Colorado for decades and they are working hard to sustain their programs in the face of federal funding cutbacks.
Feedback tonight from Steve who writes, "Kyle, I would like to see you invite both the Republican Party and the Democratic Party to debate for governor against the independent candidate Greg Lopez and include the lieutenant governor." Steve says, "Watched your debates before. Think you'll do an excellent job. We deserve to see all the parties and what they stand for." So, Steve, there's a little bit to unpack there, right? We will be offering a debate in the race for governor. We hope that the candidates are interested in debating and sharing their views in front of Coloradans and watching to see how they do when they're tested and pushed on these views. Now, as for including the lieutenant governors, I'm going to respectfully pass on that because it's a bit of a ceremonial position in Colorado as indicated by my interview with Leslie D'Elia Camper today. The biggest question for the next lieutenant governor is, "How are you going to occupy your time?"
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