Town of Telluride v. Lot Thirty-Four Venture, L.L.C.

The majority interprets the anti-rent-control statute section 38-12-8301, 10 CRS. (1999), very broadly. It applies that construction to preempt the Telluride ordinance, and it holds that such preemption is permissible under the constitutional home rule provision, article XX, section 6 of the Colorado Constitution. I respectfully dissent.

I

There is no sound authority for the majority's broad reading of the prohibition against rent control ordinances imposed by the state statute. To the contrary, the statute, its legislative history, and other legislative enactments support the conclusion that…