
Local governments sue Colorado over laws they say violate home rule
Six Front Range municipalities are suing Colorado and Governor Jared Polis, arguing new state land-use laws infringe on their "home rule" authority.
In their lawsuit, the cities of Lafayette, Aurora, Arvada, Glendale, Greenwood Village and Westminster ask for injunctive relief against two laws, House Bill 24-1313 and House Bill 24-1304. They cited the state constitution’s home rule provision that gives local governments authority in local affairs.
HB 24-1313 directs local governments to implement housing density goals around areas of public transit use. HB 24-1304 bars local governments from enforcing any minimum parking requirements for some developments.
The cities seek a declaration saying both laws are unconstitutional and “preempted by the Cities’ respective home rule charters and land use codes.”

The Colorado Municipal League, which advocates in favor of home rule authority, said it isn’t a plaintiff in the complaint but opposed the bills.
“Colorado municipalities will not be bullied by an administration and legislature that gives lip service to local control but does not understand or respect home rule authority,” CML Executive Director Kevin Bommer said in a statement. “Local elected officials swore to uphold the same state constitution as state legislators and the governor. That includes the home rule amendment to the constitution that guarantees local control over matters of local and municipal concern, such as land use authority.”
“This was always going to end in litigation, given the refusal to respect the constitution and local officials’ obligation to defend their communities’ desires,” he added.
The city of Lafayette said in a statement the laws violate its “constitutional authority to plan a community that builds upon the unique characteristics of its residents and deny community members the chance to have their voices heard.”
“These bills exclude City leaders from preserving and servicing a livable quality of life for its residents in an area pressured by regional growth,” said the city with a population of 30,000. “Lafayette seeks to preserve its authority to manage development in a way that allows for community input.”
There's an ongoing effort at the state level to erode local control, Greenwood Village Mayor George Lantz noted in a statement.
“We’re seeing a steady erosion of our citizens’ ability to control the communities in which they live,” Lantz said. “The flurry of legislative proposals continually eroding our home-rule rights applies a top-down, one-size-fits-all approach, removing all of their uniqueness. The state doesn’t care how cities have carefully planned their communities, nor how the state’s particular vision of land use will affect our cities and the people living in them. Our purpose in filing the lawsuit is to have the court stop the state from controlling local land use matters that require local decision making and public input.”
Shelby Wieman, a spokesperson for the Governor's Office, said Polis is proud of the work on the new land-use laws, appreciates the collaboration with many local governments and look forward to seeing the legislation's impact on communities.
“We are confident a court will rule in the state’s favor,” the spokesperson told CPR News Monday.
“The Governor wants to bring everyone to the table to help find solutions because this is a challenge that crosses local boundaries," Wieman said. "It’s disappointing to see certain local governments that have among the priciest homes in Colorado use taxpayer money on a lawsuit that could go toward lowering the cost of housing. It’s clear this lawsuit is about preventing more housing from being built that Coloradans can afford.”