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<br /> RESOLUTION NO. 12 <br /> _._~--- <br /> Series 1983 <br /> A RESOLU'I'ION EXPRESSING <br /> SUPPORT }'OR SENATE BILL <br /> 211 CONCERNING ANTITRUST <br /> IMMUNITY FOR LAND USE <br /> DECISION" <br /> WHEREAS, the State of Colorado relies upon local governments <br />to plan for and regulate land use and should provide local governments <br />and their taxpayers with sufficient protection to exercise that <br />responsibility without the fear of expensive antitrust litigation and <br />liability. <br /> lHIEREAS, the exposure of municipalities in Colorado and <br />throughout the country to antitrust lawsuits has been expanded as <br />a result of recent decisions of the United States Supreme Court; <br /> WHEREAS, the potential for treble damage awards and the <br />substantial expense of defending antitrust litigation, even if <br />successful, may inhibit municipalities from enacting or enforcing <br />land use regulations which protect the public health, safety and <br />welfare, but which also may be deemed to restrict competition; <br /> WHEREAS, at least two Colorado municipalities, Aspen and <br />Grand Lake, already have been sued under the antitrust la,vs for land <br />use decisions with claimed damages, when trebled, exceeding $100 <br />million; <br /> l-THEREAS, other Colorado municipalities have been threatened <br />with antitrust lawsuits for local land use decisions; <br /> WHEREAS, the cost to the taxpayers of Boulder, Colorado, <br />in defending one federal antitrust lawsuit, 'vhich was settled prior <br />to trial, exceeded $250,000.00; <br /> WHEREAS, municipalities differ from private enterprise in <br />that private enterprise is not charged with protecting the public <br />health, safety and welfare through land use planning and regulation; <br /> WHEREAS, numerous protections from municipal land use <br />planning decisions and regulations, other than damages under the <br />antitrust laws, are available such as, public notice, public hearing, <br />public meeting and public record requirements, court review of actions, <br />periodic elections and the rights of initiative, referendum and <br />recall, and the continuing authority of the General Assembly or the <br />people of Colorado to modify the statutory or constitutional authority <br />of Colorado's municipalities; <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LOUISVILLE, <br />COLORADO, that the Colorado General Assembly should act as quickly as <br />possible to adopt S . B . 211 and protect local governments and their <br />taxpayers from expensive antitrust litigation and liability for local <br />land use planning and regulation, and that the City support efforts <br />of the Colorado Municipal League in this regard. <br /> --- 1i.Lxi~~_.. <br /> Mayor <br />ATTEST: <br /> 1~ <br />/1 , ." ' <br />0:/~~, .2z2.!..--.lJ ?.LL~tu_____ <br />City Clerk <br />