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PRESS RELEASE: Save The Poudre Opposes House Bill 24-1107, “Judicial Review of Local Land Use Decision”

2/22/2024
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310

Save The Poudre Opposes House Bill 24-1107, “Judicial Review of Local Land Use Decision”

Fort Collins: An extremely dangerous, anti-democratic bill has been introduced into the Colorado State Legislature titled, “Judicial Review of Local Land Use Decision.” HB24-1107 would allow defendants in lawsuits — including developers, quasi-governmental agencies, and local/state govt — to obtain their attorneys fees against plaintiffs — including citizen and non-profit groups — if the defendants won in court in so-called “Rule 106” conflicts.

Forcing local citizen groups and non-profits to pay the attorneys fees of developers and agencies would hamstring the enforcement of local and state laws.

In fact, right now Save The Poudre is in court in a Rule 106 lawsuit against the former Larimer County Commissioners, and Northern Water, for giving a permit to the Northern Integrated Supply Project, a massive proposed dam that would further drain the Poudre River in Fort Collins. Save The Poudre has already lost in district court and is currently in the state court of appeals with the lawsuit. If Save The Poudre was required to pay attorneys fees of defendants Larimer County and Northern Water, it could easily eclipse Save The Poudre’s entire yearly ~$100,000 budget.

“This bill is an extreme pro-developer bill intended to squash public dissent and squash local non-profits fighting to protect the environment,” said Gary Wockner of Save The Poudre. “We strongly encourage the legislature to kill this bill and find ways to raise the voices of citizens instead of trying to change state law to silence dissent.”

HB24-1107 is scheduled to be heard in the House Transportation, Housing, and Local Government Committee at 1:30 on Thursday, February 27th.

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