On Monday night, the Denver City Council approved an ordinance creating Denver’s fifty-third historic district: Packard’s Hill Historic District. Located in the West Highlands neighborhood, the District spans north to south from 35th to 32nd Avenue, and east to west from Lowell Boulevard to Perry Street.  The new district encompasses eight city blocks, and includes thirty-nine Queen Anne-style houses, twenty-nine bungalows, and twenty-six classic cottage houses dating from the late-nineteenth and early twentieth centuries. Continue Reading Denver City Council Designates Packard’s Hill Historic District in West Highlands

Tuesday evening the Boulder City Council unanimously approved the $9.5 million purchase of the 615-acre parcel located at 4536 N. 95th St. (pictured below) to add to the city’s 45,000-acre open space network.  The parcel is the fourth most expensive open-space parcel purchased by the city, will be one of the largest, and will become the easternmost piece of the city’s open-space network.  Because of its 1.5 miles of Boulder Creek frontage, eight ponds, mountain views, and abundant wildlife, the city believes the parcel has tremendous potential for recreational and agricultural purposes.  The city will spend approximately 18 months evaluating the parcel after acquiring it before opening it to visitors.

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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

As previously reported on this blog a Colorado Court of Appeals decision in 2015 allowed a developer/declarant to retain a right to consent to amendments to a common interest community’s declaration that require arbitration of construction defect claims.

The Colorado Supreme Court has now weighed in on the case involved, which is known as Vallagio at Inverness Residential Condo. Ass’n v. Metro. Homes, Inc., affirming the decision of the Court of Appeals.

Vallagio involved a residential development in which the declaration, created pursuant to the Colorado Common Interest Ownership Act (“CCIOA”) included certain dispute resolution provisions, including an arbitration requirement.  The dispute resolution provisions also stated that those provisions could “not ever be amended without the written consent of the Declarant,” who was the developer of the project. Continue Reading Colorado Condominium Construction Defect Issue: Colorado Supreme Court Affirms the Right of Declarants for Condominium and Other Common Interest Communities to Require Binding Arbitration of Disputes

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