For those who would like additional background on the pursuit of this lawsuit, I will post a copy of the opening brief for my appeal on this page. In summary:
This appeal to challenge Ordinance 1469 is being pursued because the district court dismissed our claims without properly crediting our well-pled allegations that we lawfully operated short-term rentals (STRs) in reliance on the City of Woodland Park's long-standing regulatory framework. For years, we obtained licenses, paid required taxes, and complied with all applicable municipal requirements while the City expressly permitted, regulated, and promoted STR use in residential zones. Ordinance 1469 reversed that position and effectively banned our existing STRs without allowing them to continue as lawful nonconforming uses, despite Colorado statutes that protect prior lawful property uses from subsequent zoning changes. We contend the court erred in concluding our pre-ordinance STR use was not "lawful," mischaracterized our homes as prohibited lodging rather than residential use, and improperly dismissed our vested rights and HOME Act claims based on that flawed analysis. We also appeal because the court denied—by inaction—our request for leave to amend to include additional facts developed at the preliminary injunction hearing.
My pursuit of this appeal, including the challenge to how STRs were recharacterized under the ordinance, is not only about our properties; it is about protecting Woodland Park citizens from governmental infringement on their property rights and ensuring that long-recognized, lawfully established uses cannot be extinguished through redefinition rather than lawful process.
