Six Colorado municipalities have filed a lawsuit against Governor Jared Polis and the state government, accusing them of overstepping constitutional bounds in an aggressive push to increase housing density across the state. The cities—Greenwood Village, Arvada, Aurora, Glendale, Lafayette, and Westminster—argue that recent legislation and a new executive order strip them of long-standing local authority over land use decisions.

Filed Monday, the lawsuit targets an executive order Polis signed last week, which ties eligibility for over $100 million in state grants—meant for transportation and energy—to local compliance with new housing laws. The plaintiffs contend that the governor's actions exceed his constitutional powers, infringing on both legislative and judicial authority. They are also asking the courts to rule that they are not required to implement two specific laws enacted last year: one that mandates denser housing near transit hubs, and another that eliminates minimum parking requirements for some multifamily developments.

“We’re seeing a steady erosion of our citizens’ ability to have a voice in the communities in which they live,” said Greenwood Village Mayor George Lantz in a written statement. “The flurry of legislative proposals continually eroding our Home Rule rights applies a top-down, one-size-fits-all approach, removing all of their uniqueness.”

The lawsuit asserts that the new laws bypass public input and ignore existing, locally developed comprehensive plans for growth. “For over 100 years, local land use planning has been left to residents and their locally elected officials, rather than the state,” Lantz added.

The dispute comes as Colorado grapples with a housing crisis that has sent home prices and rents soaring, especially in urban and suburban areas along the Front Range. Polis has made housing affordability a central issue of his administration, pushing reforms that aim to increase supply and reduce regulatory hurdles.

In response to the lawsuit, a spokesperson for Polis said the state is facing a dire housing shortage and needs bold action to address it. “The Governor wants to bring everyone to the table to help find solutions because this is a challenge that crosses local boundaries. It’s disappointing to see certain local governments that have among the priciest homes in Colorado use taxpayer money on a lawsuit that could go toward lowering the cost of housing,” said spokeswoman Shelby Wieman. “It’s clear this lawsuit is about preventing more housing from being built that Coloradans can afford.”

Wieman emphasized that the laws are a “common sense effort to break down barriers to new housing,” and said Polis remains confident that the courts will uphold the state’s authority. “The Governor is proud of this work, appreciates the partnership and collaboration with so many local governments, and looks forward to seeing its impact in communities across the state. We are confident a court will rule in the state’s favor.”

The legal clash underscores escalating tensions between state leaders and municipalities over who controls development in Colorado. Polis has long argued that housing is a statewide concern, not just a local issue. At a press event last Friday, he defended the executive order, saying, “Housing is an interjurisdictional regional issue. That's why it's an issue of state concern. What one community does affects housing prices in other communities because people have a choice of where to live.”

He pointed out that a short commute in the Denver metro area can cross numerous jurisdictions, making coordinated planning essential. “So it’s really about how we address this as a state,” he said.

Kevin Bommer, executive director of the Colorado Municipal League, strongly criticized the governor’s approach. “Colorado municipalities will not be bullied by an administration and legislature that gives lip service to local control but does not understand or respect home rule authority,” he said in a press release.

Bommer accused the state of failing to collaborate meaningfully with local governments. “The last three legislative sessions could have been spent working to solve housing shortages. Instead, the dogged insistence on telling local leaders what is best for their communities—followed by this weird flex of threatening to withhold grant funds—has been a greater detriment to building more housing than has market conditions, inflation, and all the other factors that Colorado has experienced.”

The two laws singled out in the lawsuit reflect Polis's goal of increasing housing density near transit and reducing costs for developers. One requires cities to allow up to 40 housing units per acre near transit stations—akin to existing developments in northwest Denver. Alternatively, cities can comply by allowing even denser developments within smaller zones.

The other law eliminates minimum parking requirements for some multifamily buildings near transit. Supporters argue that such mandates inflate construction costs and encourage car dependency. But cities say the changes will burden neighborhoods with insufficient parking infrastructure.

“Especially in Arvada’s Olde Town area, despite having dedicated garage and lot parking, Arvada continues to struggle with parking availability and often faces shortages,” the lawsuit states.

Glendale echoed this concern, asserting that managed parking is essential to public welfare. “Properly managed parking is essential to ensure the health, safety and welfare of both Glendale’s residents and its substantial business community,” the city said. Without adequate residential parking, the city fears that commercial lots will become overwhelmed, harming local businesses.

Proponents of the new housing mandates argue they are necessary to increase the supply of affordable homes and to encourage public transit use. But the plaintiff cities say there's no evidence that upzoning alone will lower costs or drive transit ridership.

“Affordable housing requires subsidization and the low ridership on RTD is not going to be fixed by zoning,” said Lantz.

As the lawsuit proceeds, it raises critical questions about the balance of power between the state and its municipalities—particularly as Colorado continues to grapple with how best to address its housing crisis.

Originally reported by Bente Birkeland in CPR News.