Kavanaugh v. Telluride Locals Coalition Petitioners’ Committee.

2026 CO 47. No. 24SC522. Planned Unit Development Act of 1972—Election Law—Initiative and Referendum.

June 15, 2026

This case required the supreme court to consider how the citizen initiative power may be used with respect to planned unit developments (PUDs) under Colorado’s Planned Unit Development Act, CRS §§ 24-67-101 to -108. The court has long held that the initiative power is limited to legislative acts and does not extend to administrative acts. Legislative acts are those that establish generally applicable rules based on broad policy grounds. Administrative acts, by contrast, are based on individualized, case-specific considerations, or are necessary to carry out existing legislative policies and purposes.

Applying these principles, the court concluded that the proposed initiative at issue, which sought to amend an existing PUD agreement, is administrative in character and thus is not subject to the initiative process. The court accordingly reversed the judgment of the court of appeals and remanded the case to the district court for consideration of the reasonableness of the Town of Telluride’s request for attorney fees.