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Colorado Supreme Court Opinion May Spell the End of Site-Specific Zoning Ballot Measures

In its most significant land use decision in years, the Colorado Supreme Court yesterday ruled that an amendment to a “PUD agreement” in Telluride was administrative, not legislative in character, and accordingly, could not be the subject of a citizen-led initiative.  Straightforward as that decision seems at first, its implications extend well beyond a picturesque box canyon—taken to its logical conclusion, Kavanaugh v. Telluride Locs. Coal. Petitioners’ Comm., 2026 CO 47, could put an end to project opponents’ ability to overturn site-specific land use approvals at the ballot box.

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