Tiffany Kavanaugh in her official capacity as Telluride Town Clerk v. Telluride Locals Coalition Petitioners'…

Summary

The court held that the initiative power cannot be used to amend a planned unit development agreement because such an amendment is administrative rather than legislative. Brighton's proposed initiative, which would rezone a single lot and alter its open-space designation, therefore was not a proper subject of initiative because it would bypass the statutory and contractual amendment process requiring site-specific review. The court reversed and remanded for consideration of the Town's attorney-fee request.