In Denver on Wednesday, a federal court ruled for the first time that refusing to rent a dwelling to someone because the prospective renter does not conform to gender stereotype norms (e.g., because a person dresses or acts in a way, or is attracted to, married to, and/or has children with someone, that does not conform with stereotype norms associated with that person’s biological gender) constitutes sex discrimination under the Fair Housing Act (“FHA”).
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Boulder Extends Building Height Moratorium by 15 Months
This past Tuesday evening, Boulder City Council voted 8-1 to extend the city’s existing moratorium barring the city from considering property owner requests to exceed the city’s building height ordinance. One of my prior posts summarizes Boulder’s building height restriction regime and the existing moratorium. The existing moratorium was set to expire on April
Boulder County Cities and Towns Considering Coordinated Regional Approach to Affordable Housing
Virtually all of Boulder County’s local governments have their own, individual plans to reverse the diminishing supply of affordable housing in their respective communities. But these local governments are now weighing a new approach: collaborating and coordinating with one another in a way that, if successful, would supply more affordable housing to the county than the total that will be provided if each of them continues acting independently.
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U.S. Supreme Court Set to Hear Oral Argument in Takings Case
On Friday, the U.S. Supreme Court set oral argument for March 20, 2017 in the case of Murr v. Wisconsin, in which the Court is being asked to determine what constitutes the “relevant parcel” in determining whether a regulatory taking of private property has occurred. The Court’s decision in Murr, expected this summer, may significantly affect private parties’ ability to bring takings claims when government actions render portions—as opposed to the entirety—of the parties’ property unusable or undevelopable.
Two parcels of property located along Lake St. Croix in Wisconsin are the subject of Murr. The two waterfront parcels, each of which are just over an acre in area, were platted in 1959. The Murr family purchased one of the parcels (Lot F), and subsequently purchased the other parcel (Lot E) in 1963. The Murrs built a family cabin on Lot F, and Lot E has remained vacant ever since. The Murrs held title to Lot F in their family business, while they held title to Lot E under their personal names. In 1994, the family business conveyed Lot F to their six children, and in 1995, Lot E was also conveyed to the children.
Continue Reading U.S. Supreme Court Set to Hear Oral Argument in Takings Case
Restriction Regime on Building Heights in Boulder May be Changing
Of all the various restrictions on development in Boulder, among the most impactful—and, to citizens, important—is the restriction on building height. Based on a joint study session between the Boulder City Council and the Planning Board last Tuesday, those restrictions may be changing.
The current height restriction regime is multilayered. Boulder’s charter restricts building