DENVER (KDVR) — Six Colorado cities in the Denver metro area have filed a lawsuit against the state and Gov. Jared Polis, claiming the state has infringed upon home rule city controls.
The city of Lafayette announced the legal action in a press release Monday and said that it aims to secure its constitutional right to control the manner and rate at which the community is growing, developing and managed. Lafayette is joining the cities of Aurora, Arvada, Glendale, Greenwood Village and Westminster, which are already part of the suit.
This Denver metro suburb is among the fastest growing American cities: US CensusLafayette said the lawsuit against the state and Polis will "advocate for jurisdictions who are dedicated to intentionally developing communities that reflect and uphold the unique characteristics and desires of their residents."
In a release announcing the municipality joining the lawsuit, Lafayette said it has approximately 30,000 residents and a Comprehensive Plan designed to create "smart, integrated growth through 2040, weaving community character, environmental stewardship, a connected community, and a strong economy into a strategic planning framework."
"This type of thoughtful development has long been a community priority," Lafayette continued in its press release. "Lafayette is the only municipality in the state to pass a resident-led Growth Management Initiative, first in 1996 and reaffirmed by voters in 2002, 2008, and 2017. However, in 2023, the City’s ability to manage building permit allocations within their jurisdiction was abruptly preempted by HB23-1255, one of the first of now many overreaches by the state into home rule authority."
HB23-1255, "regulating local housing growth restrictions," preempts local growth restrictions that either limit the growth of the population in the municipality's jurisdiction or the number of development permits or building permit applications for residential development that can be issued or reviewed within any given year.
Lafayette asserted in its press release that it has been managing sustainable growth around "attainable and naturally affordable housing opportunities." It specifically cited the Willoughby Corner neighborhood, which is a 400-unit, below-market housing development that is the product of a partnership between the Boulder County Housing Authority and Boulder County.
"This is the largest affordable housing project in the State of Colorado," Lafayette stated. "In 2023, Lafayette secured funding for residents of the La Luna Community Co-op to purchase and become one of the few resident-owned mobile home parks in Colorado. Through these efforts, Lafayette is on track to meet its 12% goal of deed-restricted affordable housing units by 2035 through the Boulder County Regional Housing Partnership."
Colorado among best states for tiny house living: StudyThe city said that its planning process includes public participation on land use decisions, and that two bills passed last year "violate Lafayette's constitutional authority to plan a community that builds upon the unique characteristics of its residents," among other factors.
One of the bills establishes "transit-oriented communities" in areas close to public transportation hubs. The goal was to push residents toward using public transport by creating housing that is uniquely situated close to bus routes, light rail stations or commuter rail stations. The other bill prohibits municipalities from enforcing minimum parking requirements for multi-family residential developments and other housing options.
"These bills exclude City leaders from preserving and servicing a livable quality of life for its residents in an area pressured by regional growth," the city stated in its release. "Lafayette seeks to preserve its authority to manage development in a way that allows for community input."
The municipalities are not alone in attempting to gain more home rule control: Douglas County is requesting voters approve the formation of a charter commission during a June 24 Special Election. The board of commissioners is hoping to change the county from a statutory form of government to a home rule charter.
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