Fountain council backs Home Rule cities in challenge to state housing and parking laws

The Fountain City Council voted unanimously Aug. 26 to support six Home rule municipalities pursuing litigation against the State of Colorado over 2024 housing and parking legislation and a related executive order. The council’s resolution affirms Fountain’s support for local control of land use and zoning. The resolution echoes legal claims raised by Aurora, Arvada, Glendale, Greenwood Village, Lafayette and Westminster that House Bill 24 13 13 and House Bill 24 13 04, plus Executive Order D 20 25 0 0 5, improperly encroach on municipal home rule authority. Council member Estes, who introduced the item, read portions of the resolution into the record and said the measures “are seen as state encroachment on that authority.” City leaders said they are not joining the lawsuit financially; the resolution is a statement of political support. Council members said the measures impose one-size-fits-all mandates that could override local planning choices, limit public hearings on multifamily projects and, through the executive order, threaten discretionary funding to municipalities that do not comply. Supporters argued that preserving home rule authority protects Fountain’s ability to weigh infrastructure, water, school and public-safety capacity when approving local development. The council’s resolution cites Colorado Constitution, Article 10, Section 6, and declares Fountain’s support for the plaintiff municipalities’ requests for injunctions against enforcement of the listed bills and the executive order. Council member Herzberg moved to approve the resolution; Council member Hinton seconded. The motion passed on a 7-0 vote. The resolution directs no city funds to litigation; it is a formal statement of solidarity intended to register Fountain’s policy position with the plaintiff cities and the public.