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Thornton council moves to executive session to discuss possible litigation over state land-use law and executive order
Summary
The Thornton City Council voted to convene an executive session to receive legal advice on recently enacted state land-use legislation and a governor’s executive order that links compliance to grant funding; staff cited concerns about Home Rule authority and charter referendum rights.
Thornton City Council voted to move into an executive session to receive legal advice about recent state land-use legislation and a governor’s executive order that ties compliance to grant funding.
A staff legal presenter summarized the issue to the council, saying the new legislation covers accessory dwelling units, residential parking limits, parking requirements and transit-oriented development and that many municipalities and the Colorado Municipal League view the statute as encroaching on Home Rule powers. The presenter said the legislation "takes away from citizens the right to have a hearing with regard to these code provisions," and noted a charter referendum provision that could allow residents to challenge code changes.
The presenter also said the governor’s executive order appears to prioritize grant funding to municipalities that comply with the state law, and that multiple municipalities have already filed suit seeking injunctive relief. The motion offered to the council cited Colorado Revised Statutes 24-6-402(4)(b) as the legal basis for convening the closed session to receive legal advice and discuss potential strategies.
The council approved the motion to move into executive session (the motion was made and seconded and the chair called for a voice vote; the meeting record shows the motion carried). Council then moved to executive session.
