8753FDEB7C400F8187258B02007FA488 Hearing Summary

Senators Bridges and Winter, co-prime sponsors, presented House Bill 24-1107, concerning judicial review of a local land use decision.  The bill sponsors discussed housing shortages, frivilous lawsuits, delays, local land use decisions, and attorney fees.

 

 

 

 

Mr. Chip Schoneberger, representing Foster Graham Milstein & Calisher, LLP, testified in support of the bill.

Rachel Beck, representing Colorado Competitive Council, testified in support of the bill.

Eric Bergman, representing Colorado Counties, Inc., testified in support of the bill.

Nick Walker, representing City of Northglenn, testified in support of the bill.

Committee members asked about the number of actions filed that challenged local land use decisions. Discussion followed about the prevalancy of such cases in resort areas.  Further questions were raised about local government resources to defend these lawsuits.

Committee members continued asking questions to the panel about attorney fees and prevailing parties.  Discussion ensued about construction delays for affordable housing projects.

 

The panel answered questions about the number of applicable cases, in addition to cases in which appropriate standing is found. 

Committee discusssion returned to attorney fees, frivilous lawsuits, and delay tactics on the part of the complainant. Committee discussion followed about injunctions, bonds, and financing. 

Paula Weisz, representing themself, testified to amend the bill.

Jon Goldman, representing Colorado Community Coalition, testified to amend the bill.

Mr. Morgan Smith, representing themself, testified to amend the bill.

Dr. Anne Laffoon, representing Colorado Community Coalition, testified to amend the bill.

Committee discussion ensued about the amendment proposed by the panelists to allow for a judge to make an advisory ruling. 

Committee members asked questions about the attorney fees for cases found to be non-meritorious.  Discussion followed about frivilous case determinations, indepdent arbiters, and attorney fees.

 

Lynn Clemens, representing themself, testified in opposition to the bill.

Mike Rawluk, representing themself, testified in opposition to the bill.

Mr. Mike Marsh, representing themself, testified to amend the bill.

Mr. Andrew Pipes, representing Sanctuary Field Neighborhood Network, testified in opposition to the bill.

Ms. KATHRYN KINNARD, representing themself, testified in opposition to the bill.

Ms. Susan Gutierrez, representing themself, testified in opposition to the bill.

Ms. Janet Hartley, representing themself, testified to amend the bill.

Mike Connolly, representing themself, testified to amend the bill.

Cindy Goldman, representing themself, testified to amend the bill.

Diane Duffey, representing Daniles Welchester Neighborhood Association, testified in opposition to the bill.

Mark Smith, representing themself, testified in opposition to the bill.

Jordan Porter, representing themself, testified in opposition to the bill.

Lisa Bigelow, representing The Maverick Observer , testified in opposition to the bill.

Ms. Dana Duggan, representing Westside Watch, testified in opposition to the bill.

Committee members asked about remedies for filing a successful claim.

 

Charles Lucas, representing themself, testified in opposition to the bill.

Ms. Tamar Krantz, representing themself, testified in opposition to the bill.

Katherine Gayle, representing themself, testified in opposition to the bill.

Ms. Drea Modugno, representing Denver Metro Chamber of Commerce, testified in support of the bill.

Alison Morgan, representing Colorado Bankers Association, testified in support of the bill.

Ted Leighty, representing Colorado Association of Home Builders, testified in support of the bill.

Committee members asked about other impacts driving up housing costs and related statistics on frivilous lawsuit filings. 

 

Mr. Brian Rossbert, representing Housing Colorado, testified in support of the bill.

Mr. David Foster, representing Colorado Contractors Association and Foster Graham Milstein & Calisher LLP, testified in support of the bill.  He distributed two handouts (Attachments C and D).

Committee members asked questions about the safety clause in the bill.  Members also asked the panel to respond to concerns raised by the opponents.  Discussion followed about the percentage of filings related to affordable housing, residential land use, and zoning.  Another question was raised about the process itself, in addition to one about the amendments made in the House.

Written testimony about the bill is in Attachment E.

The bill sponsors made closing remarks.

Committee members made closing remarks.