Originally Posted by EngiNerd
Guess they have never heard of a thing called Sovereign Immunity...
That wouldn't really apply in a case like this. Whether the neighbors have standing to sue would be a legitimate question, though. But then, I'm not one of the "biggest names in land use law" who was consulted, so what do I know?
Anybody go to last night's meeting? I am curious what their case is. If they're attacking the zoning itself (rather than alleging some sort of mistake, which would be odd but maybe more winnable), it's a very high burden. The zoning ordinance obviously gets the presumption of validity, and will probably be reviewed under an "arbitrary and capricious" standard. If the city (in its legislative capacity) had any conceivable legitimate rational motive for the zoning, it should stand.
I would guess they will be alleging some sort of corrupt illegitimate upzoning that was intended to benefit the property owner... but dear lord. The process was way too long, and far too well connected to the Blueprint Denver process/goals, to take that allegation seriously. The simple fact that the Council seems inclined to stand by the zoning now - including Councilmembers who weren't on the Council at that time - sort of implies that there must have been some rational basis for the MS-5 zoning. I certainly feel it is rational.
Couldn't possibly be a regulatory takings theory... as if this zoning stands to deprive the neighbors' homes of all their value. If that's the case, they need new attorneys.
The only other challenge, I suppose, could be related to the actual enactment of the new code. If they feel it wasn't properly noticed, or conflicts in some other way with the required process... but God... that would, in theory, invalidate the entire zoning code, which seems truly laughable.
So yeah... I won't lose any sleep over this, and I doubt RedPeak will either. I'd need to see the complaint, though, to know for sure. I'm just speculating my two cents worth.