In October of 2022, the Colorado Court of Appeals, Division VII rendered an opinion in MLS Properties LLC v. Weld County Board of Equalization. While this case is the first to reach the Colorado Court of Appeals, there were, at
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Golden Considers New Regulations in Furtherance of its “Roadmap to Net Zero Buildings”
As part of its “Roadmap to Net Zero Buildings,” the City of Golden is currently considering proposed regulations to achieve its goal of 100% renewable energy for electricity by 2030, and 100% renewable energy for heating by 2050. The proposed
Colorado House Passes, Senate Considers Repeal of Rent Control Prohibition
February and March were active months for the Colorado House of Representatives with respect to attempted reforms of current landlord/tenant laws in Colorado. In addition to proposed major overhauls to Colorado statutory eviction procedures (House Bill 23-1171), on
Navigating Denver’s Natural Gas Restrictions
In November 2022, Denver City Council passed the “Energize Denver” ordinance, which established a phased rollout of restrictions on the installation and replacement of natural gas appliances in commercial buildings and multi-family housing structures in favor of electric alternatives. The
Wage Theft Ordinance Passes in Denver
On Monday, January 9th, 2023, the Denver City Council voted to pass a new wage theft ordinance, which provides greater authority to the City Auditor’s Office to ensure employees are paid their promised wages. Denver’s existing minimum wage ordinance continues
Seventh Circuit: Madison, Wisconsin’s “Advertising Sign” Regulation Passes Constitutional Muster after City of Austin
The first federal circuit court opinions applying Reagan National Advertising of Austin, Inc. v. City of Austin are flowing in, and local governments can perhaps breathe a sigh of relief: normalcy has returned. Just last week, the Seventh Circuit upheld
Federal District Court: No Preliminary Injunction to Prohibit Fargo from Excluding Adult Toy Store Downtown
The Federal District Court for the District of North Dakota last week denied a request for a preliminary injunction that would have forced the City of Fargo to allow a “premier adult toy retailer” to open a downtown location.
The
Affordable Housing in Denver’s Capitol Hill Neighborhood
In October 2022, I participated in an Urban Land Institute Colorado walking tour in Denver’s Capitol Hill neighborhood exploring different types of affordable housing.
The Capitol Hill neighborhood is interesting to me because it is made up of so many
A New Federal Ruling Outlines Limits to Short Term Rental Regulation
A new ruling out of the Fifth Circuit is likely to have significant impacts on the ways that municipalities may regulate short term rental properties (“STR’s”). In Hignell-Stark v. City of New Orleans, 46 F.4th 317 (5th Cir. 2022), the
The LIBOR Act: A federal legislative solution for legacy contracts as LIBOR ends
As we originally reported in our September 2018 Otten Johnson Alert, the London Interbank Offered Rate (“LIBOR”), once the primary benchmark used for floating rate commercial loans, is nearing its end. As of December 31, 2021 lenders stopped using