Tag Archives: Police Power

Town of Dillon v. Yacht Club Condominiums Home Owners Association, Steve Delaney, and Robert R. Duncan, 2014CO37 (May 27, 2014)

“[A] municipality certainly need not wait for more accidents to happen before addressing a perceived danger.” Opinion. Condominium owners in Dillon were parking on a road that is a public right-of-way. Dillon passed ordinances to improve a bike lane, drainage and traffic safety and gave the police chief the power to designate no-parking zones on any of Dillon’s right-of-way streets. Citing safety concerns, Chief did so on the road where the owners were parking . The owners successfully sued, claiming the ordinances were an unconstitutional abuse of Dillon’s police power by reducing property values despite less burdensome alternatives. The Court reversed, holding that the proper test for constitutional due process challenges to ordinances is whether an ordinance has a reasonable relation to public health, safety, morals, or welfare. The burden of compliance is not a factor.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SC104.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9374&courtid=2

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Filed under Constitutional, Government