When resolving the question of whether disparate impact is a proper theory on which to bring a Federal Fair Housing Act (FHA) claim, the third time may be the charm. Last year, we reported on Township of Mount Holly v. Mount Holly Gardens Citizens in Action, which was the second Supreme Court case in
Appellate
Supreme Court Will Review Sign Case With Significant Consequences for Governments, Businesses
By Otten Johnson on
The U.S. Supreme Court has granted a petition for certiorari review in a case with significant practical ramifications regarding the validity of many local sign and advertising regulations, and the ability of businesses, artists and others to freely post outdoor signage. In Reed v. Town of Gilbert, the Court will be asked to determine…
Court Order Creating a Special District Cannot Be Overturned Even in the Case of Fraud
By Dimitri Adloff on
Posted in Appellate, Special Districts
In the recent decision Marin Metropolitan District v. Landmark Towers Association, the Colorado Court of Appeals held that an order creating a metropolitan district, once entered, cannot be challenged even if the organizers of the metropolitan district made misrepresentations to the municipal authorities and/or committed a fraud upon the court. This case relates to…
Supreme Court Will Not Review Judgment Against Boulder County in Church Case
By Dimitri Adloff on
The Supreme Court on Monday refused to consider a constitutional challenge to the Religious Land Use and Institutionalized Persons Act (RLUIPA), leaving intact a federal jury’s verdicts that Boulder County, Colorado had violated three separate provisions of the statute in its processing and denial of a 2004 special use application filed by Rocky Mountain Christian…
Colorado Supreme Court: Liberal Rules for Petitions and Admission of Evidence in Condemnation Cases.
By Bill Kyriagis on
The Colorado Supreme Court’s October 18, 2010 decision in Bly v. Story clarifies two issues with respect to condemnation proceedings in Colorado. Bly involved a private party’s condemnation of an easement for a private way of necessity over a neighbor’s driveway. The court, construing C.R.S. § 38-1-102(1), held that a metes and bounds legal…