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Council backs home‑rule municipalities in litigation challenging state housing directives
Summary
City Council adopted a resolution expressing support for several home‑rule municipalities suing the state over an executive order and recent housing laws, reaffirming local control over land use; vote passed 8 to 1.
City Council adopted a resolution expressing support for several Colorado home‑rule municipalities that filed suit and an injunction challenging a governor's May executive order and subsequent state legislation on housing and zoning. The resolution reasserts the City's view that land use and zoning are core local responsibilities granted by the Colorado Constitution's home‑rule provisions.
Why it matters: The resolution signals the city's policy position in an ongoing conflict between state housing mandates and municipal home‑rule authority. While council did not join the lawsuit, the resolution aligns Colorado Springs with municipalities pursuing declaratory and injunctive relief.
Councilman Risley, sponsor of the resolution, said the action was intended to "plant a flag in the ground" that the city believes it is best positioned to address local land use matters. Councilman Rainey and others emphasized concerns about state enforcement mechanisms that could deprioritize competitive discretionary funding for non‑complying municipalities.
City legal staff clarified the resolution does not constitute joining the plaintiffs in litigation; future participation in an amicus brief could be considered if the case reaches an appellate stage. Council approved the resolution 8 to 1.
