Norby v. City of Boulder

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “[ajs a general rule, judicial review by way of C.R.C.P. 106(a)(4) is the exclusive remedy for one challenging a rezoning determination on a parcel of property.”
• finding that plaintiffs were entitled to assert a timely action for declaratory and injunctive relief in addition to their Colo. R. Civ. P. 106(a)(4) action
• C.R.C.P. 19 authorizes dismissal of trial proceedings for unexcused failure to join party whose presence is necessary for just adjudication
• a C.R.C.P. 57 complaint joined with C.R.C.P. 106(a)(4) action for certiorari review of a municipal rezoning decision is untimely unless filed within 30 days of the decision
• “Since the municipal zoning statutes, section 31-23-301, et seq., C.R.S.1973, do not specify a time limit for judicial review, the thirty-day time frame in C.R.C.P. 106(b) is applicable.”
• dismissal of C.R.C.P. 106(a)(4) action was appropriate because the inferior tribunal vested with statutory authority to adopt ordinances, including rezoning ordinances, was the City Council, which was not named in the complaint

Source: CourtListener parenthetical corpus (CC0).