HomeMy WebLinkAbout1984-018-02/07/1984-EXPRESSING SUPPORT FOR THE PROPOSED LAND USE ANTITRUST IMMUNITY BILL BEFORE THE COLORADO GENERAL ASS RESOLUTION 84-18
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING SUPPORT FOR THE PROPOSED LAND
USE ANTITRUST IMMUNITY BILL BEFORE
THE COLORADO GENERAL ASSEMBLY
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 three Colorado municipalities, Aspen, Grand Lake,
and Greenwood Village, already have been sued under the antitrust laws
for land use decisions with claimed damages, when trebled, exceeding
$400 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
decisions 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-
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sible to adopt H.B. 1254 and protect local governments and their taxpayers
from expensive antitrust litigation and liability for local land use
planning and regulation, and that the City of Fort Collins support efforts
of the Colorado Municipal League in this regard.
Passed and adopted at a regular meeting of the Council of the City
of Fort Collins this 7th of Februar 1984.
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ATTEST:
City Clerk
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