A photograph of Lot E, the parcel that is the subject of the Murrs’ dispute. Source: eenews.net.

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

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

As Denver’s housing market continues to thrive, so, too, do the development-related concerns of existing residents.  The rapid pace of development in many City-close neighborhoods has at times pitted residents desiring attractive, pedestrian-oriented communities against developers responding to high demand for urban housing options.  On Monday, August 22, 2016, the Denver City Council passed a pair of City-wide development moratoria aimed at addressing parking and architectural issues.  CB16-0498 concerns use of the City’s small zone lot parking exemption.  CB-16-0541 places a one-year moratorium on use of the Zoning Code’s Garden Court Building Form.  Both bills passed with a unanimous vote of Councilmembers present and took effect August 25, 2016. 
Continue Reading Denver City Council Passes Pair of Development Moratoria

This post was authored by Otten Johnson summer law clerk Alex Gano.  Alex is a third-year law student at the University of Colorado Law School.

On July 12, Denver Mayor Michael Hancock and Councilwoman Robin Kniech announced the final details of their plan to create the City’s first “dedicated funding stream” for affordable housing.  The Office of Economic Development estimates that two sources of revenue will generate a minimum of $150 million over the next ten years, which the City will invest in at least 6,000 new and existing affordable housing units. 
Continue Reading Denver’s Proposed “Permanent Affordable Housing Fund”: What to Expect

While negotiations on construction defect legislation reform came to a halt in the Colorado Legislature last Thursday, a package of three bills aimed at increasing affordable housing in Colorado moved forward at the State Capital on May 5, 2016.
Continue Reading Affordable Housing Legislation Advances at State Capital