HomeMy WebLinkAbout1983-046-03/15/1983-SUPPORTING S.B. 211 AS IT RELATES TO ANTI-TRUST LEGISLATION RESOLUTION 83-46
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING S B 211 AS IT RELATES TO
ANTI-TRUST LEGISLATION
WHEREAS, the State of Colorado relies upon local governments to plan
for and regulate land use and should provide local governments and their
taxpayers with sufficient protection to exercise that responsibility
without the fear of expensive antitrust litigation and liability, and
WHEREAS, the exposure of municipalities in Colorado and throughout the
country to antitrust lawsuits has been expanded as a result of recent
decisions of the United States Supreme Court, and
WHEREAS, the potential for treble damage awards and the substantial
expense of defending antitrust litigation, even if successful , may inhibit
municipalities from enacting or enforcing land use regulations which
protect the public health, safety and welfare, but which also may be deemed
to restrict competition, and
WHEREAS, at least two Colorado municipalities, Aspen and Grand Lake,
already have been sued under the antitrust laws for land use decisions with
claimed damages, when trebled, exceeding $100 million, and
WHEREAS, other Colorado municipalities have been threatened with
antitrust lawsuits for local land use decisions, and
WHEREAS, the cost to the taxpayers of Boulder, Colorado, in defending
one federal antitrust lawsuit, which was settled prior to trial , exceeded
$250,000, and
WHEREAS, municipalities differ from private enterprise in that private
enterprise is not charged with protecting the public health, safety and
welfare through land use planning and regulation, and
WHEREAS, numerous protections from municipal land use planning deci-
sions and regulations, other than damages under the antitrust laws, are
available such as, public notice, public hearing, public meeting and public
record requirements, court review of actions, periodic elections and the
rights of initiative, referendum and recall , and the continuing authority
of the General Assembly or the people of Colorado to modify the statutory
or constitutional authority of Colorado' s municipalities
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Colorado General Assembly should act as quickly as pos-
sible to adopt S B 211 and protect local governments and their taxpayers
from expensive antitrust litigation and liability for local land use
planning and regulation, and that the City support efforts of the Colorado
Municipal League in this regard
Passed and adopted at a regular meeting of the City Council held this
15th day of March 1983
Mayor
ATTEST
City
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