Judge Mary Deganhart
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Colorado justices wary of expanding rezoning by ballot initiative
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The Colorado Supreme Court appeared wary on Wednesday of allowing rezonings of planned-unit developments to occur through a vote at the ballot box, rather than a municipality’s detailed review process that accounts for specific factors. In contrast to traditional, or “Euclidean,” zoning that separates land uses by type, planned-unit developments are based on negotiated agreements on…
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County voters cannot pursue referendum on land-use change, appeals court says
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Colorado’s second-highest court told a collection of Delta County voters on Thursday that they cannot file a referendum to repeal a zoning change, as the state constitution does not allow it. After Delta County’s commissioners adopted a resolution updating the land-use code in 2024, a group of landowners tried three times to file a referendum…
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Appeals court allows man to sue Paonia for constitutional violation after shutting off his water
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Colorado’s second-highest court last week agreed a man could proceed with his lawsuit against the town of Paonia for shutting off his water in an alleged violation of his constitutional right to due process. Erik Gilbertson lives outside the town’s limits, but his home receives water from the municipal system. Paonia allowed the prior owner…
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Colorado justices to hear cases on grandparent visitation, lawyers’ neglect in appealing on time
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The Colorado Supreme Court announced on Monday that it will decide whether two grandparents are entitled to seek visitation of their grandchildren following their adoption by the other set of grandparents, and also how strictly to hold lawyers to the deadline for filing appeals. At least three of the court’s seven members must agree to…
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Appeals court rules developer may bring ballot initiative to rezone Telluride neighborhood
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Colorado’s second-highest court on Wednesday clarified that a developer may bring a ballot initiative in Telluride to rezone part of a planned-unit development for affordable housing despite other lot owners’ objections. A three-judge panel for the Court of Appeals stressed that the question of whether the zoning change infringes on the rights of homeowners in…
