Litigation

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On April 22, 2024, several trade associations representing Denver landlords (the “Plaintiffs”) sued the State of Colorado, the City and County of Denver, and other related entities (collectively, the “Defendants”) in federal court, challenging a state statute and the Energize Denver Ordinance, which together impose a collection of energy efficiency requirements for commercial buildings (the “Efficiency Regulations”). Notably, on June 18, 2026, the Department of Justice (the “DOJ”) filed a Notice of Potential Participation stating that the case presents questions of interest related to the preemptive scope of the EPCA.
Continue Reading Possible DOJ Intervention in Challenge to Energize Denver

Several Colorado municipalities have sued the state challenging the constitutionality of landmark zoning reforms enacted in 2024.  The lawsuit specifically concerns two new laws passed by the legislature and one executive order issued by Governor Polis related to those measures.  The first law, HB 24-1313, is aimed at increasing housing density around transit.  Under…

Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory takings doctrine. The United States Constitution prohibits the government from “taking” property without payment of compensation. That creates…

In October of 2022, the Colorado Court of Appeals, Division VII rendered an opinion in MLS Properties LLC v. Weld County Board of Equalization.  While this case is the first to reach the Colorado Court of Appeals, there were, at the time, twelve similar claims pending throughout Colorado. In these cases, the most notable issue was how to interpret C.R.S. 39-1-104(11)(b)(I), which allows a taxpayer to have their property revalued by the county assessor to account for “unusual conditions” (the “Unusual Conditions Statute”).

Continue Reading Property Taxes and Unusual Conditions

On Monday, January 9th, 2023, the Denver City Council voted to pass a new wage theft ordinance, which provides greater authority to the City Auditor’s Office to ensure employees are paid their promised wages.  Denver’s existing minimum wage ordinance continues to allow employees to file complaints to the City Auditor’s Office (the “City Auditor”) and provides employees with a right of private action to recover unpaid wages plus interest. The new wage theft ordinance establishes a civil violation for wage theft violations whereby employees can submit complaints to the City Auditor and the City Auditor will pursue the complaint and seek restitution on the employee’s behalf.  …
Continue Reading Wage Theft Ordinance Passes in Denver