What is the primary goal of the lawsuit?
The goal of COPR’s lawsuit is to invalidate the Town of Breckenridge’s short-term rental ordinances.
What ordinances does this litigation aim to overturn?
COPR’s litigation will be focused on invalidating two specific short-term rental ordinances: The 2021 short-term rental licensing cap (Ordinance No. 29, Series 2021) and the zoning ordinance that divides Breckenridge into four licensing zones (Ordinance No. 28, Series 2022).
What issue is COPR’s primary concern with the Town’s ordinances?
The Town of Breckenridge enacted ordinances that take away property rights and makes it extremely difficult, and in many instances impossible, to obtain a license to operate a STR. The Breckenridge ordinance splits the town into four zones and then sets licensing caps within three of these zones. In Zone 2, it is projected that it will take as many as 5 years and up to 10 years to receive a STR license; in Zone 3 it is estimated to take 20 to 30 years. At the same time, the Town excluded large, corporate-owned lodging near the resort from these license-restricted zones, allowing unlimited licensure of those properties.
COPR believes that these ordinances and the limitations created in zones 2 and 3 adversely impact property rights by making it virtually impossible to receive a license to operate a property as a STR. Nearly 3,600 homeowners between Zones 2 and 3 are unable to obtain a short-term rental license under these ordinances, which equates to nearly half of the 7,713 total residential properties in Breckenridge. There is not a prohibition on using a property as a STR, so this arbitrary limit on licensing hurts property owners by limiting the usage of their properties.
When will COPR file its lawsuit?
COPR expects to file the lawsuit during the summer of 2023.
Why are you not working with the Town of Breckenridge council to change these policies?
The STR rental and real estate communities along with local business owners and a few property owners voiced opposition to Ordinances 28 & 29 during public hearings. Despite these efforts and the recommendations of the Town’s appointed Task Force, Town Council unanimously approved their own agenda. COPR believes that every day the ordinance is in place, it harms the value and usage of property in the Town since it severely and arbitrarily restricts licensing for STRs.
Why is COPR alerting all homeowners in Summit County about its lawsuit?
COPR was established to raise the funds necessary to successfully develop and file its lawsuit against the Town of Breckenridge. The lawsuit requires legal representation, expert witnesses and other costs. Membership fees will go directly to the cost of the lawsuit.
Why aren’t you joining forces with the Summit County effort? Can’t this be one case instead of two?
No. Summit County, Breckenridge, Frisco and Silverthorne have different Short Term Rental regulations with different supporting facts. Because of this, a single case against multiple jurisdictions is not an effective way to legally challenge these regulations.
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