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Fountain council backs six home-rule cities in lawsuit seeking limits on state land-use mandates

August 27, 2025 | Fountain City, El Paso County, Colorado


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Fountain council backs six home-rule cities in lawsuit seeking limits on state land-use mandates
The Fountain City Council on Aug. 26 adopted Resolution 25-038 expressing support for six home-rule municipalities suing the state of Colorado to block enforcement of recently enacted housing-related bills and an executive order they say intrude on municipal home-rule authority over zoning and land use.

Council member Estes, who presented the item, said the resolution is a statement of support and that Fountain would not join the lawsuit financially. Estes told the council the six plaintiff cities — Aurora, Arvada, Glendale, Greenwood Village, Lafayette and Westminster — have sued the governor and state agencies seeking declarations that House Bill 24-1313 (housing and transit-oriented communities) and House Bill 24-1304 (minimum parking requirements), as well as Executive Order D 2025 0005, violate Colorado’s constitutional home-rule protections.

Estes said the bills impose one-size-fits-all mandates that may not reflect local infrastructure, fiscal limits or community character and that the executive order threatens to deprioritize discretionary funding for municipalities deemed noncompliant. “I’m recommending support for this because it protects Fountain’s local control,” Estes said during the meeting.

The resolution affirms Fountain’s support for constitutionally protected home-rule authority over land-use matters and supports the plaintiffs’ litigation seeking injunctions against enforcement of the referenced bills and executive order. Council member Herzberg moved to approve the resolution; the motion passed unanimously (7–0).

The city will not commit funds or staff resources to the legal action; the vote records only moral and political support for the plaintiff municipalities’ legal claims.

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