TOWN OF TELLURIDE v. THIRTY-FOUR VENTURE

No. 98SC547.

3 P.3d 30 (2000)

TOWN OF TELLURIDE, Colorado, a municipal corporation, Petitioner, v. LOT THIRTY-FOUR VENTURE, L.L.C., Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 26, 2000.


Attorney(s) appearing for the Case

Alperstein & Covell, P.C., Edward M. Caswall, Denver, Colorado, Attorney for Petitioner.

Rudnick & Wolfe, Thomas F. Geselbracht, Morton M. Steinberg, Rachel M. Vorbeck, Chicago, Illinois, Herbert S. Klein & Associates, P.C., Herbert S. Klein, Aspen, Colorado, Attorneys for Respondent.

Geoffrey T. Wilson, Denver, Colorado, Attorney for Amicus Curiae, Colorado Municipal League.

Austin, Peirce & Smith, P.C., Thomas Fenton Smith, Aspen, Colorado, Attorney for Amicus Curiae, Aspen/Pitkin County Housing Authority.

John Ely, County Attorney, Aspen, Colorado, Attorney for Amicus Curiae, Pitkin County.

John P. Worcester, City Attorney, Aspen, Colorado, Attorney for Amicus Curiae, City of Aspen.

Andrew C. Hamrick & Associates, P.C., Andrew C. Hamrick, Englewood, Colorado, Attorney for Amicus Curiae, Colorado Apartment Associates.


Justice KOURLIS delivered the Opinion of the Court.

This case concerns the scope of the state prohibition on rent control contained in section 38-12-301, 10 C.R.S. (1999). Specifically, we must determine whether a local affordable housing measure constitutes rent control prohibited by the statute, and whether a home rule municipality may exercise its authority over matters of local concern to regulate rents despite the state rent control statute.

The Town...

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