HomeMy WebLinkAboutResolution-1983-0836
INTRODUCED BY COUNCILMEMBER
RESOLUTION NO. 836
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Series of 1983
TITLE:
A RESOLUTION EXPRESSING THE SUPPORT OF THE CITY COUNCIL
OF THE CITY OF HHEAT RIDGE FOR THE PASSAGE OF SENATE
BILL NO. 211 CONCERNING THE EXEMPTION OF LOCAL GOVERNMENTS
FRm1 ANTITRUST LA\\TS FOR LAND USE PLANNING OR REGULATION.
WHEREAS, the State of Colorado relies upon local governments
to plan for and regulate land use and should provide local
governments and their taxpayers with sufficient protection to
exercise that responsibility without the fear of expensive
antitrust litigation and liability;
WHEREAS, the exposure of municipalities in Colorado and throughout
the country to antitrust lawsuits has been expanded as a result
of recent oecisions of the United States Supreme Court;
WHEREAS, the potential for treble damage awards and the substan-
tial 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 also may be deemed to restrict competition;
WHEREAS, at least two Colorado municipalities, Aspen and Grand
Lake, already have been sued under the antitrust laws for land
use decisions with claimed damages, when trebled, exceeding
$100 million;
WHEREAS, other Colorado municipalities have been threatened with
antitrust lawsuits for local land use decisions;
WHEREAS, the cost to the taxpayers of Boulder, Colorado, in
defending one federal antitrust lawsuit, which was settled prior
to trial, exceeded $250,000;
viHEREAS, municipalities differ from private enterprise in that
private enterprise is not charged with protecting the public
health, safety, and welfare through land use planning and
regulation;
WHEREAS, numerous protections from municipal land use planning
decisions and regulations, other than damages under the anti-
trust laws, are available such as, public notice, public hearing,
public meeting and public record requirements, court review of
actions, periodic elections and the rights of initiative,
referendum and recall, and the continuing authority of the
General Assembly or the people of Colorado to modify the sta-
tutory or constitutional authority of Colorado's municipalities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, that the Colorado General Assembly should
act as quickly as possible to adopt S.B. 211 and protect local
governments and their taxpayers from expensive antitrust
litigation and liability for local land use planning and regu-
lation.
DONE AND RESOLVED this 28th day of March, 1983.
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Frank Stites, Mayor
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