Colorado judge to decide if controversial Littleton housing ballot measure will be counted in November's election

An Arapahoe County judge will soon decide if a controversial ballot measure in Littleton will be counted. It's a fight over what neighborhoods will look like and what property owners can do with their land.

Ballot measure 3A would amend the Colorado city's charter to restrict land use and zoning changes for single-family residential homes and neighborhoods. The city sought out judicial review of the ballot measure due to concerns of it being unconstitutional, while those who pushed for the measure disagree and believe it will preserve the charm in Littleton.

"Littleton, it's got beautiful, single-family residential neighborhoods throughout the city. I think that's one of the biggest assets the city has, and we're trying to preserve that," said Mark Harris.

Mark Harris sits on the board with Rooted in Littleton, the group behind getting measure 3A on the ballot. Over the summer, the group got enough signatures to put the measure in front of voters, a move to prevent duplexes, triplexes, and quadruplexes from being built in single family residential neighborhoods.

"We did a survey found out what the citizens believed about density. 65% said they don't like it, and 76% wanted to be notified about such efforts," said Harris. "We are not against affordable housing, and we're not against density, but I don't think putting multiplexes in every single-family neighborhood is the right way to approach this."

If passed, 3A would amend the city's charter to freeze residential land use laws as they existed on January 1, 2025. Those on the other side argue it would repeal a recent change to allow accessory dwelling units and not allowing denser housing. If passed, it could also put Littleton out of compliance with Colorado law and a push from the Polis administration.

While the city could not comment on the matter, a September press release states: "By seeking to repeal three housing-related measures passed by city council in 2025, ballot question 3A would put Littleton in conflict with a recent executive order by Governor Jared Polis calling on municipalities to be in compliance with recent state-level housing policy laws in order to continue receiving state grant funding. Ballot question 3A could also adversely affect those that obtained vested rights under land uses permitted after January 1, 2025, resulting in potentially unconstitutional retrospective legislation."

Littleton City Attorney Betzing has shared his concerns with council in study sessions and during council meetings. He has also shared more about why the city sought out judicial review of the measure.

"The intent of that legislation, when it was adopted at the state was to prohibit certain ballot questions, certain questions from making the ballot," said Betzing, during a September city council meeting. "We're asking for the district court's interpretation of how this ballot question complies with state law, if it does, and what it means for the city."

"There is a financial component, or a financial risk behind the fact that we might not be compliant with state law if indeed this passes. The ADU ordinance is deemed to be null and void based upon the charter provision," said Betzing in a July study session.

In the September city council meeting, Betzing said if the judicial reviews come back as the ballot measure being unconstitutional, the results of the measure would be moot.

Those opposing the measure believe 3A would block future home uses that benefit seniors and young families and restrict people from adapting their home to their needs.

Vibrant Littleton believes the measure is "an attempt to put restrictive rules about the use of our homes into our city charter." The group believes passage of the measure would a wipe out recent progress and strip property rights from homeowners. The group also said future housing flexibility with changes to the city charter would require another citywide vote. Patrick Santana with the group called the outcome of the judicial review "consequential for all."

Harris said more than 2,000 Littleton residents have endorsed the measure. He added the measure won't freeze all development and won't ban ADUs, instead allowing homeowners to from apply for a variance of their own.

As part of the measure, those with Rooted in Littleton also say the measure would also protect single-family neighborhoods by requiring enhanced notification to residents about zoning changes. In September, Littleton City Council approved an ordinance to expand the notification process.

"We are not trying to deprive anybody of existing ADU laws or laws that might come after us filing the charter amendment. Our focus is only about single-family residential homes," said Harris. "All we want is for the voters to get a chance to have a say in the zoning of one of their greatest assets, their homes and their neighborhoods."

An Arapahoe County judge heard the case during a virtual status hearing on Thursday morning. The City of Littleton has until Monday to respond to the motion to dismiss the case filed by Rooted in Littleton to dismiss the case. The Arapahoe County judge said he will prioritize the matter and the case due to its public importance and trying to get a ruling before the November election.