Pennobscot, Inc. v. Board of County Commissioners

642 P.2d 915, 1982 Colo. LEXIS 565
CourtSupreme Court of Colorado
DecidedMarch 22, 1982
Docket80SC340
StatusPublished
Cited by30 cases

This text of 642 P.2d 915 (Pennobscot, Inc. v. Board of County Commissioners) 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
Pennobscot, Inc. v. Board of County Commissioners, 642 P.2d 915, 1982 Colo. LEXIS 565 (Colo. 1982).

Opinions

ROVIRA, Justice.

Pennobscot, Inc., and Fred Ramsey (petitioners) brought an action seeking declaratory relief in the District Court of Pitkin County. They challenge the authority of the Board of County Commissioners (County) to adopt Pitkin County Resolution 74-115 amending the county subdivision regulations to include within their scope the dividing of a tract of real estate into parcels, each comprising thirty-five or more acres, none of which is intended for use by multiple owners. The district court upheld the resolution as being a valid exercise of the county’s regulatory authority.

Petitioners perfected an appeal to the Colorado Court of Appeals and concurrently filed a petition for a writ of certiorari pursuant to C.A.R. 50. We granted certiorari prior to judgment in the court of appeals. The judgment of the district court is reversed.

On December 23, 1974, the County adopted a resolution amending the county subdivision regulations. The amendment broadened the definition of subdivision by deleting language exempting divisions of property which resulted in parcels of land, each comprising thirty-five or more acres, none of which was intended for use by multiple owners. The deleted language comported with the statutory exemption found in section 30-28-101(10)(b), C.R.S. 1973 (1977 Repl. Vol. 12).1

The following rationale and authority was cited in support of the County’s decision to depart from the statutory definition:

“2. While Senate Bill 35 [section 30-28-101(10)(b), C.R.S. 1973 (1977 Repl. Vol. 12) ], adopted in 1972, by its terms did not apply to divisions of land into parcels of larger than thirty-five acres, section [30-28-133(1), C.R.S. 1973 (1977 Repl. Vol. 12) ] provides in significant part that local ‘regulations shall be no less stringent than the regulations promulgated by the Colorado land use commission’ (emphasis added), thus leaving to local governments the power to make regulations more strict, in keeping with the autonomy and authorization to counties under Chapter 106 [Titles 24, 29 and 30, C.R.S. 1973] to provide for and make their own planning decisions.
“3. Moreover, House Bill 1034, ‘The Local Government Land Use Control Enabling Act of 1974,’ [sections 29-20-101 to -107, C.R.S. 1973 (1977 Repl.Vol. 12) ] added a new article to the county land use chapter, which in section [29 — 20—104], and other such sections, very broadly delegated additional authority in the planning field to local governments.
“4. The division of land into parcels is itself a significant planning decision that ought not to be permitted absent evaluation of the proposed planning decision in accordance with the criteria set forth in Chapter 106 [Titles 24, 29 and 30, C.R.S. 1973] and the Pitkin County Subdivision Regulations.
“5. It is necessary to regulate the division of land into parcels larger than thir[917]*917ty-five acres so as to provide for the planned and orderly use of land and the protection of the environment of Pitkin County, which environment is especially significant in an area the economy of which is in large part based upon tourism and the attractiveness of the area for tourism and recreational purposes. Any division of land to which these amendments would apply without evaluation according to the criteria set forth in Chapter 106 [Titles 24, 29 and 30, C.R.S. 1973] and in the Pitkin County Subdivision Regulations, and the concomitant development of, e.g., access roads to such parcels significantly affects and intrudes upon the decreasing wildlife winter ranges and wildlife migration routes, which are important not only for aesthetic and tourism purposes, but are also important to the economy of Pitkin County. “6. Moreover, divisions of land without review involve significant problems of drainage, visual pollution, slope instability, and create land use patterns that should be established only in a planned, orderly manner.”2

In 1975, Thomas and Herma McCary divided their ranch property into six parcels, each comprising thirty-five or more acres, not intended for use by multiple owners. One of the parcels was conveyed to the petitioner Pennobscot, Inc. In 1980, petitioner Fred Ramsey entered into a contract with Pennobscot in which he agreed to purchase its parcel of land. The contract contained a contingency clause which required the seller to obtain “a court order or agreement from Pitkin County that the sale of the property does not violate Pitkin County valid subdivision regulations.”

Petitioners sought declaratory relief pursuant to sections 13-51-101 to -115, C.R.S. 1973. They argued that the County was without authority to delete the exemption of thirty-five acre or larger parcels and to regulate the division of their property as a subdivision because the resulting parcels were statutorily exempt from subdivision regulation pursuant to section 30-28-101(10)(b), C.R.S. 1973 (1977 Repl.Vol. 12). They sought a declaration that Resolution 74-115 was invalid and that Ramsey could not be precluded from obtaining a building permit or be enjoined from using the land on the ground that an application for subdivision had not been made or that County approval of the final plat had not been obtained.

The district court found that the County had the authority to adopt the resolution amending the county subdivision regulations. In reaching its decision, the court attempted to harmonize the provisions of the county planning statute controlling subdivision regulation3 and the provisions of the Local Government Land Use Control Enabling Act of 1974 (Land Use Act)4 so as to promote consistency. The court construed the various statutory provisions as imposing a requirement that counties regulate subdivision parcels of less than thirty-five acres while still permitting subdivision regulation of any size parcel pursuant to the powers conferred by the Land Use Act. Finally, the court concluded that the subdivision regulations, here imposed on all size parcels, had a reasonable connection to the [918]*918criteria listed in section 104 of the Land Use Act. Accordingly, judgment was entered in favor of the County.

The sole issue presented is whether the County has the authority to regulate, as a subdivision, the division of a tract of land into parcels, each comprising thirty-five or more acres, none of which is intended for use by multiple owners.

A county is a political subdivision of the state and, as such, possesses only those powers expressly granted by the constitution or delegated to it by statute. Further, a delegation of power carries with it a conferral of all implied powers reasonably necessary to the proper exercise of the expressly delegated power. Board of County Comm’rs v. Pfeifer, 190 Colo. 275, 546 P.2d 946 (1976); Board of County Comm’rs v. State Bd. of Social Servs., 186 Colo. 435, 528 P.2d 244 (1974); Board of County Comm’rs v. Love, 172 Colo. 121, 470 P.2d 861 (1970); Farnik v. Board of County Comm’rs, 139 Colo. 481, 341 P.2d 467 (1959).

Here, there is no claim of power pursuant to a constitutional grant.

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Bluebook (online)
642 P.2d 915, 1982 Colo. LEXIS 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennobscot-inc-v-board-of-county-commissioners-colo-1982.