Brighton council backs other cities in lawsuit over state development laws, affirms home rule authority

City Council unanimously on Sept. 2 adopted a resolution expressing support for several home-rule municipalities that have sued the state over recent land-use and housing-related legislation and a related executive order, citing concerns about local control.

City Attorney Calderon summarized the issue for council: in recent legislative sessions the state enacted laws intended to increase housing affordability that also set uniform requirements affecting parking, density and other land‑use elements. Calderon said some of those measures "run steamroll right over the idea of local control and the idea of our home rule authority that's created by Colorado's constitution." He said Brighton and its lobbyists secured exemptions from some provisions because of local circumstances (for example, parking exemptions where there is no bus service), but other cities including Arvada, Aurora, Glendale, Greenwood Village, Lafayette and Westminster have sued the state, arguing the laws exceed the legislature's authority and that a governor's executive order withholding grants and contracts from noncompliant cities raises separation-of-powers concerns.

Calderon recommended the council's resolution formally support the cities pursuing litigation and organizations such as the Colorado Municipal League in defending home-rule powers; the resolution passed on a unanimous roll-call vote. Council members and staff emphasized willingness to partner with the legislature on solutions but urged that state action respect municipal authority to set local land use and zoning standards.