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.
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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:
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ATTEST:
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Ci Clerk
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