Land Corp. v. Langer

Citations

• 462 P.3d 65
• 2020 CO 30

Syllabus

This case arose out of a zoning dispute involving the propriety of constructing a gravity-based mountain roller coaster in the Estes Valley. The Supreme Court was asked to decide whether the local authorities tasked with making and reviewing zoning determinations abused their discretion in interpreting and applying the Estes Valley Development Code when they determined that the proposed mountain coaster could be constructed. Applying the deferential standard of review required for an action brought pursuant to CRCP 106(a)(4), the Court concluded there was no abuse of discretion. The Court was also asked to consider whether the constitutionality of the Estes Valley Development Code could be appropriately raised or considered on appeal to district court in a suit brought exclusively as a CRCP 106 claim. CRCP 106 proceedings are reserved for challenges to the judicial and quasi-judicial actions of government actors rather than the law itself. As such, the Court concluded that the constitutionality of the Estes Valley Development Code could not be appropriately raised or considered in district court in a CRCP 106 action. Accordingly, the district court's judgment was reversed.