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Six Front Range cities accuse Polis, State of Colorado of overstepping their authority with housing reforms

Denver7 dug into the 86-page lawsuit and spoke with local leaders to find out why they believed a legal challenge was necessary at this time.
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LAFAYETTE, Colo. — Six Front Range cities filed a lawsuit against the State of Colorado and Governor Jared Polis, claiming the two have overstepped their authority through recent housing reforms.

The lawsuit was filed in Denver District Court on Monday by the cities of Arvada, Aurora, Glendale, Greenwood Village, Lafayette and Westminster.

The cities claim two housing laws — House Bill 24-1313 and House Bill 24-1304 — and a 2025 executive order violate the Colorado Constitution by stripping local governments of their land-use authority.

"Our residents, I think, are super supportive of our decision to fight back against the state government," said Lafayette Mayor JD Mangat.

  • Read the full lawsuit below

Mangat said when it comes to finding affordable housing, he’s in the same boat as many people his age.

“I'm the mayor of the city, and I cannot afford to live in Lafayette,” said the mayor. “I live at home with my parents still.”

Mangat, who’s also a 7th and 8th grade social studies teacher, pledged to increase affordable housing during his campaign.

“Personally, this was my number one issue,” he told Denver7 Tuesday.

Mangat said his city has had some success in recent years, including a 400-unit housing development called Willoughby Corner, but the mayor believes a pair of state laws and a recent executive order could threaten that progress by taking power away from local communities.

HB24-1313 requires certain cities to increase housing density near transit lines, while HB24-1304 bans local governments from enacting or enforcing parking mandates for multi-family housing developments. On Friday, Polis signed an executive order threatening to withhold state grants from cities that don’t comply with state housing laws.

“We have home rule for a reason," said Mangat. "We care a lot about our community. We should have the right to make our own decisions on how we tackle this problem.”

In Colorado, home rule is a governing structure that gives counties and cities more control over local matters. With home rule, local ordinances that address local issues generally supersede state law. However, in matters of statewide concern, state laws may take precedence, according to a report by the Legislative Council Staff.

Polis explained the reasoning for his executive order during a press conference Friday.

“We're taking action to make sure that the limited state funding opportunities are prioritized for local governments that are following state housing laws and land use laws and doing their part so hard-working Coloradans can afford to live, work, and thrive across our state of Colorado,” Polis said before signing the executive order. “We want to make sure everybody is working in good faith and has a plan to implement these laws.”

The lawsuit marks the latest chapter in a growing battle over who gets to decide how and where new homes are built.

“Colorado municipalities will not be bullied by an administration and legislature that gives lip service to local control but does not understand or respect home rule authority,” said Kevin Bommer, executive director of the Colorado Municipal League, which represents the interests of 270 Colorado cities and towns. “Local elected officials swore to uphold the same state constitution as state legislators and the governor. That includes the home rule amendment to the Constitution that guarantees local control over matters of local and municipal concern, such as land use authority. This was always going to end in litigation, given the refusal to respect the constitution and local officials’ obligation to defend their communities’ desires.”

Shelby Wieman, the governor's press secretary, called the lawsuit disappointing.

“Coloradans are demanding action from our leaders to bring down housing costs. Our state has a housing shortage, and the Governor wants to bring everyone to the table to help find solutions because this is a challenge that crosses local boundaries,” said Wieman. “It’s disappointing to see certain local governments that have among the priciest homes in Colorado use taxpayer money on a lawsuit that could go toward lowering the cost of housing. It’s clear this lawsuit is about preventing more housing from being built that Coloradans can afford. Rather than standing in the way of more housing being built, Governor Polis and the General Assembly have passed common-sense laws that break down barriers to housing.”

Obi Ezeadi, a councilor in Westminster, said he did not agree with his city joining the lawsuit and believes they could have found "better ways to collaborate" with state officials.

Wieman said the governor is still looking forward to seeing the impact the laws would have on communities across the state.

“The Governor is proud of this work, appreciates the partnership and collaboration with so many local governments, and looks forward to seeing its impact in communities across the state,” said Wieman. “We are confident a court will rule in the state’s favor.”

The lawsuit was filed in Denver because it’s where the State Capitol is located and where the bills were passed and signed into law.

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Denver7 politics reporter Brandon Richard closely follows developments at the State Capitol and in Washington, and digs deeper to find how legislation affects Coloradans in every community. If you’d like to get in touch with Brandon, fill out the form below to send him an email.

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