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David Brewster, a summer law clerk with Otten Johnson, authored this post. David is a rising third-year law student at the University of Denver Sturm College of Law.

Rapid population growth and lagging infrastructure development in the Denver Metro Area are re-energizing a debate between advocates of long term growth strategies and “slow-growth” advocates. Recently, a Lakewood-based grassroots group known as Strategic Growth for Lakewood submitted more than 7,500 signatures supporting a growth management initiative for the upcoming general election. The initiative’s proposed ordinance would limit new residential unit developments to 1% of exiting units in a given year. Additionally, the ordinance would require City Council approval and public hearings for projects of 40 or more residential units.
Continue Reading Revitalizing a Rocky Mountain Debate: “Slow-Growth” Strategies v. Long-Term Planning

A survey of the two lots in question. Source: Pacific Legal Foundation.

In a 5-4 decision announced today, the U.S. Supreme Court held that Wisconsin could prohibit development of a subdivision lot—while allowing development on an adjacent lot owned by the same family—without paying just compensation.  The Court’s decision is a victory for states and local governments and a loss for property rights advocates.
Continue Reading U.S. Supreme Court Finds No Regulatory Taking in Wisconsin Case

Many of the residents selected for the Beloved Community Village have had issues getting into Denver’s shelters—there are a few couples who want to live together, a transgender person, a person in a wheelchair, and Sandra Herman, who has pets. Credit: Westword
Many of the residents selected for the Beloved Community Village have had issues getting into Denver’s shelters—there are a few couples who want to live together, a transgender person, a person in a wheelchair, and Sandra Herman, who has pets. Credit: Westword

Earlier this week, Denver approved a temporary zoning permit for a tiny-house community for homeless people, the “Beloved Community Village.” The community will include eleven 8-foot by 12-foot shelters, as well as shared kitchen and bathroom facilities, constructed for about $130,000 on Urban Land Conservancy-owned property at 38th and Walnut Streets in the RiNo neighborhood.
Continue Reading Local Governments Making Room for Tiny Homes

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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…