Langer v. Board of County Commissioners

Citations

• 2020 CO 31

Syllabus

This is a companion case to Yakutat Land Corp. v. Langer III, 2020 CO 30, __ P.3d __, decided the same day. Both cases were before the Supreme Court on a transfer from the Court of Appeals pursuant to C.A.R. 50. Here, the Court was asked to decide whether the Board of County Commissioners (BOCC) misconstrued applicable law and abused its discretion in finding that defendant's mountain coaster project was properly classified as a \park and recreation facility\ rather than an \outdoor commercial recreation or entertainment establishment.\ The Court concluded that the BOCC correctly construed the applicable code provisions and, applying the deferential standard of review mandated here, that the BOCC did not abuse its discretion in classifying the mountain coaster project as a park and recreation facility. Accordingly, district court's judgment was affirmed.