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The Golden Informer A Douglas County court's recent decision affirming a local role in transportation projects is good news that supports Golden's contention that it should have a say in Northwest Corridor planning, according to Golden City Manager Mike Bestor. On Sept. 29, the Douglas County District Court granted summary judgment in favor of Douglas County in litigation brought by the Colorado Department of Transportation. CDOT had challenged Douglas County regulations relating to proposed toll lanes on C-470. Under so-called House Bill 1041 provisions, the Colorado Legislature has said that cities and counties can make regulations relating to certain areas and activities of statewide interest, including the site selection for major highways. Golden, Douglas County and other communities have passed 1041 regulations to ensure that highway and other development is consistent with their local planning requirements, quality of life and the welfare of their citizens. CDOT objected and sued Douglas County in District Court, claiming it was immune from the regulations. In granting Douglas County's motion to dismiss the lawsuit, the court clarified that the 1041 statute applies to CDOT just like it does to any other party and that CDOT must follow Douglas County's 1041 regulations. CDOT has claimed that Golden's 1041 regulations, which are similar to those in Douglas County, do not apply to it for the same reasons it asserted in the Douglas County case. As a result, CDOT has ignored Golden's 1041 regulations in the ongoing Environmental Impact Statement process for the Northwest Corridor. "While the Douglas County decision does not bind courts in Jefferson County, its reasoning will likely be persuasive to them" Bestor said, "This decision is further indication that CDOT's position is unsupportable and that Golden is fully within our rights to exercise 1041 powers to protect our quality of life and the interests of our citizens." "This means that CDOT will have to respect Golden's 1041 process for any portions of the proposed Northwest Corridor project that would go through our community. As a result, Golden will have a mechanism for determining whether CDOT's proposed highway is consistent with city standards and the protection of critical resource," Bestor added. |
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The following organizations endorse CINQ’s position: Colorado Environmental Coalition, Plan Jeffco, Friends of the Foothills, former Colorado Gov. Dick Lamm, Canyon Area Residents for the Environment (CARE), Blue Mountain Land & Homeowners Association, Apple Meadows Homeowners Association, Village at Mountain Ridge Homeowners Association, Meadow Run Homeowners Association, and Harmony Village Community Association. |