The Colorado Court of Appeals sided with an Aurora resident who is challenging the city’s repeal of a ban on pit bulls and is sending the case back to the district court.

Matthew Snider filed the lawsuit against the city of Aurora, saying the council denied him his right to vote on the repeal by making the decision without going to the voters.

The district court disagreed with him, saying he didn’t suffer an injury and had no legal standing to sue. Snider appealed and two of three Colorado Court of Appeals judges agreed that he can challenge the ban in an opinion filed Thursday.

In 2021, the Aurora City Council repealed the controversial pit bull ban, enacted in 2005, joining Denver and other cities in lifting previous prohibitions. That means Aurora residents can now own pit bull terriers, American Staffordshire terriers and Staffordshire bull terriers in city limits.

The city council made the decision to reverse the ban rather than going to the voters. Aurora voters had rejected the breed ban repeal in 2014, with 64% of voters against the repeal.

Although the city has previously been the subject of lawsuits against the ban, they were unsuccessful.

Snider believes that the 2014 vote requires the city to go back to the voters for the change, according to court documents. The city argued that Snider didn’t follow proper procedures and submit a petition with 10% of Aurora voters’ signatures within 30 days of the repeal’s enactment.

The judges, however, said that has no bearing on whether he has standing to challenge the repeal.

Snider did not respond to a request for comment Thursday.

Aurora city spokesman Michael Brannen said the city is still evaluating its options after the ruling and a discussion on the merits of the challenge hasn’t taken place yet. “As such, pit bulls remain legal in Aurora,” he said.