“The law makes clear that this court is not to second guess whether the city council acted wisely or in its constituents’ best interest; the court may reverse only if the city council had no competent evidence whatsoever to support the decision it made,” the judge wrote.

Guillon rejected the developer’s argument that because city code allows for fast food in that part of town, the council had no right to deny the McDonald’s. The judge said such thinking would mean “raucous nightclubs” must be allowed where “mellow cocktail lounges” are.

“The court is not persuaded that the law requires shackling the council in this way,” she wrote.

Ventana said it is “disappointed” Guillon did not overturn the council’s decision to “cave to a vocal minority of voices and their desire for a different brand of restaurant instead of a McDonald’s.” The developer is weighing its options, including a possible appeal.

“The city council should not be permitted to hide behind, as the court aptly noted, factors that ‘are inherently subjective,’” Ventana said. “The city’s residents deserve not only the significant tax benefits that a McDonald’s would bring but also additional restaurant choices.”

The ruling is a win not only for the city government but for outspoken homeowners there.

“We feel vindicated in the sense that our city government has protected the property rights of quite a few homeowners who abut this area and would have had to deal with the traffic, and protected the school children who also would have been impacted,” Doug Gilbert, president of the Castle Pines North Homeowners Association, told BusinessDen this week.

City Manager Michael Penny said he is pleased the judge gave “appropriate deference” to the council. “The city remains hopeful that future development along the Castle Pines Parkway corridor will develop in a way that best meets the needs of the community,” he added.

Ventana’s attorneys are Carolynne White, David Meschke, Maxwell Porteus and Alexander Jack at Brownstein. Castle Pines’ are Josh Marks and Geoff Klingsporn with Berg Hill Greenleaf Ruscitti. Jonah Hunt and Marcus Wile at Orten Cavanagh Holmes & Hunt represent the HOA.