TC Res. No. 1983-081 i
RESOLUTION NO.# 83-8
SERIES OF 1983
A RESOLUTION SUPPORTING S.B. 211,
LAND USE ANTITRUST IMMUNITY
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.-
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;
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 maybe deemed to restrict competition;
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;
WHEREAS, other Colorado municipalities have been threatened
with antitrust lawsuits for local land use decisions;
WHEREAS, the cost to the taxpayers of Boulder, Colorado,-.in
defending one federal antitrust lawsuit, which was settled prior to
trial, exceeded $250,000;
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;
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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, THERFORE, BE IT RESOLVED BY THE TOWN OF AVON OF AVON
COLORADO, 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 antitrust litigation and liability for local
land use planning and regulation, and the the Town of Avon support
efforts of the Colorado Municipal League in this regard.
ADOPTED this 22nd day of February , 1983
ATTEST:
TOWN COUNCIL
TOWN OF AVON
B
Allan R. N ttingham, M yor
atricia J. /Iyoyle, Town Clerk