We'VE moved

We are pleased to announce that we have moved our offices to historic Old Town Littleton. Our new address is:

5566 S. Sycamore Street
Littleton, Colorado 80120

Our phone numbers and other contact information are the same. Please come visit us at our new location.

recent cases

R&A recently obtained a favorable ruling from the Colorado Court of Appeals on behalf of our client, a land developer, in the case Citizens for Responsible Growth, et al. v. RCI Development Partners (Case No. 08CA890, 5/21/2009, unpublished opinion). The suit sought a reversal of the January 5, 2007 Board of County Commissioner’s approval of a PUD, Preliminary Plat and 1041 permit for a proposed project named Spring Valley Vistas in Elbert County, Colorado.  In reversing an earlier District Court decision, the Court of Appeals unanimously ruled that Citizens for Responsible Growth filed their suit too late to meet the 30-day time period required for C.R.C.P. 106(a)(4) review, and remanded the case to the District Court for an order of dismissal. Citizen’s Petition for Rehearing was denied on July 16, 2009. For further details about this case, please contact us.

UPDATE:  The Colorado Supreme Court granted certiorari on this case on February 16, 2010 (Case No. 09 SC 697).

Summary of issues to be determined:
Whether the time for filing an appeal of a quasi-judicial decision by a board of county commissioners begins to run when the board executes the final resolution, even if the fact or date of the final decision is not public or known, or whether the time begins to run only when the final decision is made public.

Whether a party aggrieved by a decision of a board of county commissioners has the burden in a C.R.C.P. 106(a)(4) action to prove when the final decision was made by the board, if the date of the final decision is exclusively in the possession of the county and the procedures of a Rule 106 action preclude discovery and prohibit the introduction of extrinsic evidence.

This case could resolve some ambiguities in Colorado law concerning when a quasi-judicial decision is deemed final for purposes of filing a C.R.C.P. 106(a)(4) appeal.