HomeMy WebLinkAboutresolution.council.007-83RECORD OF PROCEEDINGS
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RESOLUTION NO. 7
(Series of 198--~)
RESOLUTION OF THE ASPEN CITY COUNCIL IN SUPPORT OF SENATE
BILL 211 CONCERING LAND USE ANTI-TRUST IMMUNITY
WHEREAS, the State of Colorado relies upon local government
to plan for and regulate land use and should provide local govern-
ments and their taxpayers with sufficient protection to exercise
that responsibility without the fear of expensive anti-trust liti-
gation and liability, and
WHEREAS, the exposure of municipalities in Colorado and
throughout the country to anti-trust 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 sub-
stantial expense of defending anti-trust litigation, even if suc-
cessful, 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 anti-trust laws for
land use decisions with claimed damages, when trebled, exceeding
$100 million, and
WHEREAS, other Colorado municipalities have been threatened
with anti-trust lawsuits for local land use decisions, and
WHEREAS, the cost to the taxpayers of Boulder, Colorado, in
defending one federal anti-trust lawsuit, which was settled prior
to trial, exceeded $250,000, and
WHEREAS,
that private
municipalities differ from private enterprise in
enterprise is not charged with protecting the public
RECORD OF PROCEEDINGS
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health, safety and welfare through land use planning and regula-
tion; and
WHEREAS, numerous protections from municipal land use plan-
ning decisions and regulations, other than damages under the anti-
trust 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, referen-
dum and recall, and the continuing authority of the General Assem-
bly or the people of the State of Colorado to modify the statutory
or constitutional authority of Colorado's municipalities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section
That the Colorado General Assembly should act as quickly as
possible to adopt S.B. 211 and protect local governments and their
taxpayers from expensive anti-trust litigation and liability for
local land use planning and regulation, and that the City of Aspen
supports efforts of the Colorado Municipal League in this regard.
Dated:
He~
I, Kathryn S, Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Kathryn So j~och, City ler