Colorado bill could increase costs associated with challenging land use decisions
COLORADO SPRINGS, Colo. (KRDO) - 2424 Garden of the Gods, a 320-unit residential development, faced a contentious and controversial approval process after Westside Watch and other concerned citizens challenged the development, citing environmental and safety concerns.
According to experts on the frontlines of land-use access and policies in Colorado, the appeal process to challenge developments like the 2424 GOTG development could be under fire.
According to legal expert and Westside Watch legal council Kat Gayle, HB24-1107 will require those who challenge land use decisions using a "106" appeal to be responsible not only for legal fees for their case but for the respondent's fees as well if their case loses in court.
"They already have to pay their own attorney's fees even to file the appeal," Gayle with Westside Watch said. "In turn, if they had to pay the cities or the county's attorney's fees, the amount becomes astronomical."
Gayle went on to detail how the neighborhood surrounding the new Gold Hill Mesa amphitheater decided not to file an appeal for the land use decision because of the costs associated, which could have been up to $50,000 for attorney's fees alone. She said the neighborhood couldn't swing the money to cover their side of the case.
"The two main kinds of American principles are the First Amendment right to petition the government to address grievances and second, equal protection of the law ... this would make it virtually impossible for lower income groups to ever appeal any government decisions because it just makes the liability or the potential financial liability so much more," Gayle said.
On the other side of the argument lies the need for affordable housing in Colorado Springs. Gayle says she could see how the bill could instead allow for more developers to continue with housing developments people could afford.
KRDO13 reached out to the prime sponsors of the bill for comment, but they did not immediately reply.
