The Colorado Supreme Court dismissed a lawsuit against the city of Boulder from a group seeking to place a measure on the November ballot to change residential occupancy limits.

“Upon consideration of the parties’ briefs and the limited record in this case, the Court concludes that a number of unresolved factual disputes preclude the Court from properly deciding the questions presented in this appeal,” the court wrote in its decision.

The Bedrooms Are For People initiative sought to relax the general limit of three unrelated occupants per home by amending the charter to calculate occupancy based on the number of bedrooms. Organizers gathered in excess of 7,700 signatures, which surpassed the anticipated threshold of approximately 4,000 signatures. However, the city later informed Bedrooms Are For People that the number of required signatures was closer to 8,100 and the deadline was two months earlier than advertised.

After the city council voted 5-4 against referring the measure to the ballot, the campaign sued. A district court judge sided with the city, while noting that Boulder had indeed given organizers incorrect advice and that the charter should more clearly state the relevant protocols.

“The Bedrooms Are For People campaign followed the city’s rules at every step,” the campaign said in a statement. “We collected nearly 8,000 signatures during a pandemic, and navigated a process continually fraught with misdirection and uncertainty from the City of Boulder, its elected officials, and interference from a few politically connected opponents.

“The Supreme Court’s failure to take a stand allows this injustice to stay in place,” the statement continued. “The community is with us on the facts.”