Associated Governments of Northwest Colorado v. Colorado Public Utilities Commission

2012 CO 28, 275 P.3d 646, 2012 WL 1383061, 2012 Colo. LEXIS 289
CourtSupreme Court of Colorado
DecidedApril 23, 2012
Docket11SA224, 11SA225
StatusPublished
Cited by58 cases

This text of 2012 CO 28 (Associated Governments of Northwest Colorado v. Colorado Public Utilities Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Associated Governments of Northwest Colorado v. Colorado Public Utilities Commission, 2012 CO 28, 275 P.3d 646, 2012 WL 1383061, 2012 Colo. LEXIS 289 (Colo. 2012).

Opinions

Justice HOBBS

delivered the Opinion of the Court.

T1 Respondent Colorado Public Utilities Commission challenged the subject matter jurisdiction of the district court of Routt County to consider changing the venue in regard to a petition for judicial review, arguing that the petitioner failed to meet the requirements of section 40-6-115(1) and (5), C.R.S. (2011). Holding that section 40-6-115(5) pertained to venue, not jurisdiction, the Routt County District Court allowed a [648]*648transfer of the ease to the District Court for the City and County of Denver, We issued a rule to show cause why the case should not be dismissed. We agree with the district court, and hold that section 40-6-115(5) mandates venue and does not limit jurisdiction. Accordingly, we discharge the rule. On remand, the Routt County District Court may transfer this case to the Denver District Court.

I.

T2 The Associated Governments of Northwest Colorado (AGNC) timely petitioned the Routt County District Court, in two cases, for a writ of certiorari or judicial review pursuant to section 40-6-115, C.R.S. (2011). AGNC wished to challenge orders of the Public Utilities Commission (PUC). The orders adopted in part an emission reduction plan of the Public Service Company of Colorado. AGNC alleged that the plan (1) was untimely filed in violation of the Clean Air Clean Jobs Act, §§ 40-8.2-201 to -210, 40-6-123(1), C.R.S. (2011), and AGNC's due process rights; (2) relied unlawfully on a determination of the Colorado Department of Public Health and Environment; (8) was arbitrary, capricious, and unsupported by evidence; (4) failed to adequately consider economic and environmental effects; and (5) depended on unreliable cost calculations. AGNC also alleged that two commissioners should have been disqualified from participating in the PUC decisions.

1 3 PUC and intervenors moved to dismiss under C.R.C.P. 12(b)(1) on the ground that the court lacked subject matter jurisdiction. Section 40-6-115 requires that any suit brought to challenge a PUC order be "commenced and tried" in district court, either in the county the petitioner maintains its principal office or place of business or in Denver District Court. The district court found, and AGNC does not dispute, that its principal office or place of business is not in Routt County but in Garfield County.

T 4 Nevertheless, the district court did not dismiss the case. It concluded that the language in section 40-6-115(5) requiring a case to be "commenced and tried" in one of two district courts was a venue provision, not a jurisdictional limitation. As such, the court ordered AGNC to select one of the two fora, and indicated that it would order a transfer. As the court put it,

Routt County is not Petitioner's primary place of business; Garfield County is. Routt County District Court, therefore, has no authority to review the decision of the Public Utility Commission at issue. Routt County District Court does, however, have general jurisdiction over the class of cases before the court and may change venue to the proper forum. Petitioner will inform the court no later than August 12, 2011 as to whether it elects to have the venue changed to Garfield County District Court or to the District Court for the City and County of Denver.

AGNC selected the Denver District Court.

15 PUC initiated an original proceeding with this court pursuant to C.A.R. 21, arguing that the case should be dismissed for lack of jurisdiction because it was not "commenced" in a proper forum. We issued a rule to show cause, and we now discharge the rule.

IL.

16 We hold that section 40-6-115(5) mandates venue and does not limit jurisdiction. On remand, the Routt County District Court may transfer this case to the Denver District Court.

A. Standard of Review

17 In response to a C.R.CP. 12(b)(1) challenge, the plaintiff has the burden of proving subject matter jurisdiction. Medina v. State, 35 P.3d 443, 452 (Colo.2001). The constitution grants district courts general subject matter jurisdiction. Colo, Const. art. VI, § 9. The legislature may limit this jurisdiction, but only explicitly. State v. Borquez, 751 P.2d 639, 642 (Colo.1988).

T8 Where a statute provides a right of review of an administrative decision, the statute is the exclusive means to secure review. Id. at 644. A petitioner's failure to comply strictly with the statutory procedure deprives the district court of jurisdiction. Id. [649]*649(quoting Barber v. People, 127 Colo. 90, 95, 254 P.2d 431, 434 (1953)). If, however, the petitioner meets the jurisdictional requirements for review of an agency decision, the petitioner may cure nonsubstantive deficiencies in its complaint. Trans Shuttle, Inc. v. PUC, 58 P.3d 47, 50 (Colo.2002).

19 Venue requirements limit where an action may be "commenced," "brought," or "tried." See Spencer v. Sytsma, 67 P.3d 1, 3 (Colo.2003); Borquez, 751 P.2d at 641. A specific statutory provision on venue prevails over a conflicting provision in C.R.C.P. 98, the catch-all venue provision. See U.M. v. Dist. Court, 631 P.2d 165, 168 (Colo.1981). Venue requirements are imposed for the convenience of the parties, and are a procedural, not a substantive issue. Spencer, 67 P.3d at 3. When a party brings an action in an improper venue, it is not a jurisdictional or fatal defect. CL Fletcher v. Stowell, 17 Colo. 94, 96, 28 P. 326 (1891). The remedy for improper venue is a transfer to the proper venue. See Spencer, 67 P.3d at 7; People v. Dist. Court, 78 Colo. 526, 530, 242 P. 997 (1925).

110 However, not all place-based forum requirements are venue provisions; some are jurisdictional in nature. When a party violates a jurisdictional requirement in petitioning a district court to review an administrative decision, the court has no power to hear the case, or even to order a transfer. Instead, the court must dismiss the case. See Borquez, T51 P.2d at 648-45.

111 Therefore, the pivotal question in this case is whether section 40-6-115(5) contains a jurisdictional or a venue requirement. As with all matters of statutory interpretation, we proceed de novo with the goal of effectuating the intent of the General Assembly. S. Ute Indian Tribe v. King Consol. Ditch Co., 250 P.3d 1226, 1232-33 (Colo.2011). We apply the plain meaning of the statutory language, give consistent effect to all parts of a statute, and construe each provision in harmony with the overall statutory design. Id. If the statutory language is ambiguous, we use other tools of statutory interpretation to determine the General Assembly's intent, including legislative history, the language of laws on the same or similar subjects, and the placement of a provision within the statutory framework. Id. at 1233; Hernandez v. People, 176 P.3d 746, 753 (Colo.2008) (legislative history); id. at 752-58 ("In resolving the statutory ambiguity, we now look to the statutory setting."); Town of Erie v. Eason, 18 P.3d 1271

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Bluebook (online)
2012 CO 28, 275 P.3d 646, 2012 WL 1383061, 2012 Colo. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/associated-governments-of-northwest-colorado-v-colorado-public-utilities-colo-2012.