The University of Colorado at Â鶹¹ÙÍø on Dec. 13 filed a request for a declaratory judgment in Â鶹¹ÙÍø County District Court, asking the court to declare that Â鶹¹ÙÍø County commissioners exceeded their authority when they voted the county new power to regulate development of the CU-Â鶹¹ÙÍø South campus.
The university filed the request following Â鶹¹ÙÍø County's November vote to change the county's land use code. University officials opposed the passage of the new regulations in public sessions before Â鶹¹ÙÍø County commissioners on two occasions.
Â鶹¹ÙÍø County amended the county's land use regulations based on a state law that allows local governments to designate matters of state interest within definitions specified in the law.
According to Paul Tabolt, vice chancellor for administration, "It was clear from the county commissioners' discussion on these regulations that their intent was to control and restrict the university's use of its property. Â鶹¹ÙÍø County does not have statutory authority to restrict or regulate the university and its use of CU-Â鶹¹ÙÍø South, nor does it have authority to change the definition of what is or what is not an area of state interest."
Moreover, he said, the county violated the Constitution of the State of Colorado by attempting to regulate the university's use of the land through changes in the land use code.
"The county cannot expand upon the state law relating to state interest," Tabolt said.
The new county regulations also institute an approval process requiring information which is not relevant to the county's own standards, and is excessively burdensome, costly and lengthy. Tabolt said the university is a state institution with a responsibility to taxpayers statewide. Thus, burdensome county regulations that go far beyond health and safety issues have an inappropriately broad effect.
"We are asking the courts to declare that the county's adoption of land use amendments restricting the university's use of CU-Â鶹¹ÙÍø South exceeds county authority," Tabolt said. "We are asking the courts to clarify that the application of rules by the county is beyond the scope and authority afforded the county. The university is also seeking a court order prohibiting the county from enforcing the adopted regulations insofar as they attempt to restrict the university's use of its land.
"Though it appears that the purpose of the land use amendments was to ensure county control over the university's development of the land, we want very much to work with the county and the city in the development of our long-range plans, and hope that we can reach agreement to do so," he said.