Hobbs’ Petition for Supreme Court Review, and Northside’s Amicus Brief

In light of the conflicting appellate rulings in Hobbs and Freed, the plaintiff in Hobbs asked the Colorado Supreme Court to review his case. His petition, called a Petition for Certiorari or “cert petition” for short, can be read here.

Northside Neighbors submitted an amicus (“friend of the Court”) brief to the Supreme Court in support of Mr. Hobbs’ cert petition, which can be read here. Referring to all three pending noise-pollution cases (Hobbs, Freed, and Northside), the amicus brief argues:

That these three cases, presenting the same core legal question, are pending at the same time highlights a troubling trend in our state: for-profit companies setting up novel sources of noise pollution in pre-existing residential areas. The Noise Abatement Act empowers Colorado residents to protect themselves from this harm. But in the decision below, the court of appeals majority essentially gutted the statute, and Judge Jones’s thoughtful dissent underscores the urgent need for this Court’s review. Because the decision below threatens the health and well-being of Colorado residents and sanctions the continuing evasion of state law by businesses and local authorities, amici urge the Court to grant the Petition.