We’re thrilled to share that the Colorado Supreme Court has reversed the Court of Appeals and ruled in favor of our client, Matthew Hobbs.
At issue was whether local governments can excuse private, for-profit entities from statewide noise limits that protect the “physiological and psychological” wellbeing of all Coloradans and the state’s diverse wildlife. On Monday, the unanimous Court concluded that Colorado’s noise pollution law does not allow local governments to skirt statewide noise protections to promote pure private gain.
The question had divided the Court of Appeals, with one 2-1 panel deciding localities do have broad permitting power, and another deciding they do not. Breaking the tie, the Supreme Court acknowledged the noise pollution statute was ambiguous but clarified lawmakers’ intent. Local governments may permit noise exceeding statewide limits in only the rare case: when the property is used by the government or a nonprofit for cultural or entertainment events.
Our partners Julian Ellis, Laura Ellis, and Chris Murray represented Matthew Hobbs and argued the case as part of the Court’s “Courts in the Community” program, which brings oral arguments to high schools across Colorado.
This is an important victory that will be closely watched by the for-profit entertainment industry, which, before this decision, had successfully lobbied local governments to approve raucous entertainment events in violation of state law, sometimes in the middle of residential neighborhoods and sensitive wildlife areas.