The March 2010 SDA Newsletter featured an article discussing an important Colorado Supreme Court ruling in the case of Board of County Commissioners of the County of Boulder v Hygiene Fire Protection District, a copy of the ruling can be found at the following link http://www.courts.state.co.us/Courts/Supreme_Court/opinions/2009/09SC68.pdf
The Supreme Court ruled in favor of the Hygiene Fire Protection District and affirmed that political subdivisions may override the restrictions of local zoning regulations even in a planned unit development (PUD).
A bill was recently introduced in the Colorado Legislature by Rep. Scanlan that would essentially void the Supreme Court’s ruling and threatens a district’s ability to overrule county disapproval of public projects. That bill is HB-10-1368, and can be found at the following link http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/301F9B5A64D73319872576C80058BC5B?Open&file=1368_01.pdf .
SDA opposes HB-10-1368 and will continue to represent special districts on this issue in front of the Legislature.
For more information on the case, please read the following article from the March 2010 SDA Newsletter article, found at this link http://www.sdaco.org/news/autonomy-special-districts-affirmed-colorado-s...