Proposed Ballot Initiatives
I read this article recently the article about the citizen initiated petitions about zoning.
I’ve been thinking seriously about one of the proposed ballot initiatives: “The second initiative calls for two-thirds of property owners within 500 feet or less from the outermost boundaries of property proposed for rezoning or for a PUD to provide written approval of the plan.”
This language troubled me, not because it lacks good intentions, but because I seriously question whether it is even legal.
The measure effectively delegates zoning authority to a small group of unelected neighbors. That raised a red flag. After a bit of research, I came across a U.S. Supreme Court case titled Washington ex rel. Seattle Title Trust Co. v. Roberge, 278 U.S. 116 (1928), which involved a nearly identical ordinance. The Court struck it down as a violation of the Due Process Clause of the 14th Amendment, calling it an unconstitutional delegation of legislative power to a select few private citizens.
While I understand the purpose of giving neighbors more say, I worry this proposal, if passed, could open Estes Park to legal challenges, court costs, and even reversals of future zoning decisions.
Ballot initiatives should reflect the will of the people, and they also need to be legally sound. This one, as written, raises serious constitutional concerns. I understand the purpose and intent behind the ballot initiative, but I hope voters and town officials take time to review the legal precedent before moving forward.
Rob Washam, Estes Park
The alternative is endless lawsuits for each illegal “spot” rezoning. The Town has rezoned parcels here and there, and the surrounding owners have the right to challenge them one by one for failing to comply with legal standards.
This is not a matter of being legal, it is a matter of being right and fair to locals who must suffer the consequences of out of control developers and city management that does not listen to its citizens. We have seen how neighborhoods have been destroyed by high density housing. Who the hell wants this?… not the local neighbors. And the upcoming rezoning plan, based upon our comprehensive plan, is going to make things even worse. Who in Estes knows what is in the comprehensive plan or ever approved of it? Talk about ripe for a lawsuit. This ballot initiative is our one hope of reminding the city who they answer to, and it is not developers.
C.E. Cross, PhD
Estes Park