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City attorney requests executive session to discuss possible involvement in legal challenge to state land-use executive order

3428690 · May 20, 2025
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Summary

The city attorney asked council to meet in executive session to discuss confidential legal advice about a recent governor's executive order directing state prioritization of grant funding for local governments that comply with new state land-use laws. Six cities have filed a complaint; the attorney said Thornton may consider involvement.

Thornton's city attorney briefed council on a recent gubernatorial executive order instructing state agencies to prioritize grant funding for local governments that comply with newly enacted state land-use laws and said several northern Colorado cities have filed suit.

The attorney said the order directs the Department of Local Affairs (DOLA) to maintain a list of local governments deemed to be in compliance with the state's new laws. Counsel told council that six cities had already filed a complaint requesting declaratory and injunctive relief, arguing that the new laws exceed state authority over home-rule municipal land-use powers.

The city attorney asked for an executive session within the next two weeks for confidential legal advice and to discuss whether Thornton should become involved in the litigation. He said the discussion would be privileged because it is ongoing litigation and that council would receive legal counsel before any public action.

Council had no objections to scheduling the executive session; the attorney said he would place it on a future agenda.

Ending: The city attorney will schedule an executive session for confidential legal advice and to present possible options for Thornton's involvement in the litigation.