The City of Lafayette has joined Aurora, Arvada, Glendale, Greenwood Village and Westminster in suing the state and Gov. Jared Polis over what the cities say is a violation of their home rule authority.
The lawsuit stems from two bills signed into law by the governor last year: HB24-1313, which will require some cities to allow denser housing around certain transit lines and bus routes, and HB24-1304, which will prohibit minimum parking requirements for new apartment and multifamily developments near certain transit lines.
The suit claims the laws violate the rights afforded to home rule municipalities in the Colorado Constitution. Home rule municipalities are governed by their own charter and “are not required to follow state statutes in matters of local and municipal concern and therefore enjoy freedom from state interference regarding local and municipal matters,” according to the Colorado Municipal League.
Lafayette would have to revise its land use code under HB 24-1313, according to the suit, and would have to “limit the public’s ability to be heard on new developments and reduce the City Council’s ability to consider resident input.”
“House Bills 24-1313 and -1304 violate Lafayette’s 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,” a City of Lafayette press release stated.
According to the suit, the law regarding housing near transit “[d]isregards, eliminates, and undermines decades of comprehensive, thoughtful, resident-informed planning undertaken by the Cities in favor of a one-size-fits-all re-zoning scheme — without any planning whatsoever — that will change the character, liveability, and very essence of countless neighborhoods that many of the Cities’ residents have called home for years and even generations.”
A spokesperson for the governor’s office said in an emailed statement that the laws “break down barriers to housing” and that they are “confident a court will rule in the state’s favor.”
“Coloradans are demanding action from our leaders to bring down housing costs,” the spokesperson wrote. “Our state has a housing shortage, and the Governor wants to bring everyone to the table to help find solutions because this is a challenge that crosses local boundaries.
“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.”
The suit argues that the laws will “likely make matters worse for housing affordability rather than better.”