Loading...
HomeMy WebLinkAbout5358RESOLUTION NO. 5358 A RESOLUTION EXPRESSING SUPPORT FOR COLORADO HOUSE BILL 1254 CONCERNING LAND USE ANTITRUST IMMUNITY WHEREAS, the State of Colorado relies upon local governments to plan for and regulate land use; and WHEREAS, it is necessary to provide local governments and their taxpayers with sufficient protection to make land use decisions without fear of expensive antitrust litigation and liability; and WHEREAS, the exposure of municipalities throughout the country to antitrust law suits has been expanded as the result of recent decisions by the United States Supreme Court; and WHEREAS, the potential for treble damage awards and the sub- stantial expense of defending antitrust litigation, even if successful, may inhibit municipalities from enacting or enforcing land use regulations which protect the public health, safety and welfare, but which may also be deemed to restrict competition; and WHEREAS, at least three Colorado municipalities, Aspen, Grand Lake, and Greenwood Village, have already been sued under the antitrust laws and for land use decisions with claimed damages, when trebled, exceed 400 million dollars; and WHEREAS, other Colorado municipalities have been threatened with antitrust lawsuits for local land use decisions; and WHEREAS, the cost to the taxpayers in Boulder, Colorado, in defending one federal anti trust lawsuit, which was settled prior to trial, exceeded $250,000.00; and WHEREAS, municipalities differ from private enterprise in that private enterprise is not charged with protecting the public health, safety and welfare for land use planning and regulation; and WHEREAS, numerous protections from municipal land use planning decisions and regulations, other than damages under the antitrust laws, are available including public notice, public hearing, public meeting and public record requirements, court review of actions, periodic elections and the right of initiative, referendum and recall, and the continuing authority of the General Assembly or the people of Colorado to modify the statutory of constitutional authority of Colorado's municipalities. t NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL that the Colorado General Assembly should act as quickly as possible to adopt House Bill 1254 to protect local governments and the taxpayers from expensive anti trust litigation and liability for local land use planning and regulation. This Resolution shall become effective upon final passage and approval. INTRODUCED March 26, 1984 By ALLYN MIDDELKAMP Counci.lperson APPROVED: __W-1�_.1 - . ATTEST: r Ci Clerk -2-