Littleton officials on Monday dropped a lawsuit it filed in September requesting a judicial review on a contentious ballot measure voters face in November on single-family residential zoning.

In January, Littleton City Council pushed an ordinance to allow for the construction of multiplexes within communities zoned as single-family homes and ease requirements for accessible dwelling units (ADUs) — the so-called “granny flats.” Those housing types would include duplexes, small-lot residential complex units, three-to-four-unit townhomes, multiplexes and “cottage court communities.”

Many local homeowners balked at the proposal, forcing the council to indefinitely postpone consideration. This prompted Rooted in Littleton, a group who created the ballot measure, to collect enough signatures in July to force a November ballot measure vote preserving single-family home neighborhoods.

Littleton’s ballot measure 3A reads: “Shall Section 65.5. Preservation of Neighborhood Land Use Restrictions, be added to clarify the intent of the citizens to preserve single-family residential land use and ensure that current and future owners of property in certain residential zoning districts may rely on restrictions on land uses that protect their properties.” 

The ballot measure continues: “Residential (MLR), Large Lot Residential (LLR), and Acreage Residential (ACR) are limited to uses specified therein as of January 1, 2025. Furthermore, any action by Council to initiate any comprehensive rezoning and official zoning map amendments, including text changes, shall first require notification to all affected property owners.”

Littleton officials argued the Jan. 1 stipulation is “potentially unconstitutional retrospective legislation,” according to the city.

As a result, Littleton filed a petition with the Arapahoe County Court to review the legality of the ballot measure with the potential of a judge ruling it illegal. Littleton officials questioned whether the ballot measure was constitutional, arguing it puts Littleton at odds with recent changes in state housing policies.

In a September news release, Littleton officials expressed fears an “unconstitutional” ballot measure could negatively impact state grant funding.

Littleton had until Monday to decide whether to drop the lawsuit or oppose a motion to dismiss by Rooted in Littleton, who was not a defendant but an “interested party,” according to Littleton.

In dropping the lawsuit, Littleton officials said “a completed review of the issues was unlikely before the November 4 election.”

Bottom line, Rooted in Littleton intends to give the voters a chance to decide on 3A.

“This is our Constitution. Our charter,” resident and Rooted in Littleton board member Mark Harris told The Denver Gazette.

“Citizens have a fundamental right to amend their own charter without interference from the state, whether it’s a judge, whether it’s a city council that doesn’t like it,” he said. “All we’re trying to do is give the people a chance to vote on a measure that specifically deals with their homes and their neighborhoods.”