Save Park County v. Board of County Commissioners

990 P.2d 35, 1999 Colo. J. C.A.R. 6335, 1999 Colo. LEXIS 1193, 1999 WL 1076712
CourtSupreme Court of Colorado
DecidedNovember 29, 1999
Docket98SC309
StatusPublished
Cited by8 cases

This text of 990 P.2d 35 (Save Park County 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
Save Park County v. Board of County Commissioners, 990 P.2d 35, 1999 Colo. J. C.A.R. 6335, 1999 Colo. LEXIS 1193, 1999 WL 1076712 (Colo. 1999).

Opinions

Justice RICE

delivered the Opinion of the Court.

This court granted certiorari to address two issues raised by Petitioners Save Park County and Steven H. Cardin (Petitioners). First, Petitioners challenge whether the court of appeals misapplied this court’s decision in Civil Service Commission v. Doyle, 174 Colo. 149, 483 P.2d 380 (1971), in determining that the transcript of the public hearings was adequate to permit meaningful judicial review of the Board’s decision. See Save Park County v. Board of County Comm’rs, 969 P.2d 711 (Colo.App.1998). Second, Petitioners challenge whether the court of appeals correctly determined that section 30-28-136, 9 C.R.S. (1999), was satisfied when there was an eleven-year gap between the time of the referrals and the Board’s final decision. We now hold that the court of appeals was correct in applying Doyle to determine whether the record of proceedings was adequate to permit meaningful judicial review of the Board’s decision. Additionally, we hold that the court of appeals was correct in holding that the Board satisfied statutory requirements when it referred the subdivision plan to various agencies listed in section 30-28-136, and did not abuse its discretion [37]*37when it later chose to require supplemental information from some but not all of those agencies.

I. FACTS AND PROCEDURAL HISTORY

The instant ease involves an approved application for a proposed subdivision development in Park County, Colorado. On August 9,1983, Respondent Jean Ann Leach submitted a preliminary plan for subdivision of her property to the Park County Planning Commission (Planning Commission).1 In October 1983, the Planning Commission referred the plan to various county and state agencies, as required by section 30-228-136, 9 C.R.S. (1999).2 On February 14,1984, the Planning Commission recommended approval of Leach’s Preliminary Plan. In February 1986, approximately two years later, Leach filed for approval of the final plat of the proposed subdivision. On February 11,1986, the Planning Commission approved the final plat and recommended forwarding it to the Park County Board of County Commissioners (Board). Leach did not forward the proposed subdivision plan at that time. Instead, on August 9, 1994, Leach returned to the Planning Commission to seek a determination of whether the 1986 approval had lapsed. The Planning Commission decided that some of the comments from referral agencies were outdated; however, the plans were not re-referred at that time to any of the agencies set forth in the statute.

Thereafter, on December 5, 1994, Leach appeared before the Board, seeking approval of the final plat. The Board determined that new referrals were not necessary, but directed Leach to return once again to the Planning Commission for a formal determination regarding whether the 1986 approval remained valid. The Planning Commission subsequently reconsidered the subdivision and reiterated the initial approval.

On January 17, 1995, the Board began public hearings to consider the final plat. Written and verbal submissions were presented supporting and opposing the subdivision. The Board requested updated information on some issues and Leach provided the information requested. On April 3, 1995, the Board conditionally approved the final plat, requiring Leach to fulfill certain requirements for final approval.

On May, 3,1995, Petitioners filed an action in Park County District Court against Respondents, the Board of County Commissioners of Park County3 and Jean Ann Leach, pursuant to C.R.C.P. 106(a)(2) and (4), alleging that the Board failed to comply with state law and county regulations and abused its discretion when it conditionally approved the final plat.

On May 4, 1995, the Board unanimously approved the final plat. After Respondents filed a certified record of the proceedings in the district court, Petitioners moved for summary judgment, asserting that the certified record was so incomplete that it did not permit meaningful review. On June 17, 1996, the district court denied Petitioners’ motion for summary judgment, holding that although the record “[left] much to be desired,” it was possible to apply the standards for review as set forth in C.R.C.P.106(a)(4).4 [38]*38On December 20, 1996, the district court upheld the Board’s decision to grant conditional approval to Leach’s final plat. The court found that the Board did not abuse its discretion or exceed its jurisdiction in approving Leach’s subdivision plan. See C.R.C.P. 106(a)(4). The court of appeals upheld the decision of the district court, holding that the record was not so insufficient as to preclude meaningful review and the there was no legal authority requiring updated agency referrals.

We granted certiorari to address whether the court of appeals misapplied this court’s decision in Doyle when it determined that the transcript of the public hearings was adequate to permit meaningful judicial review of the Board’s decision, and whether the court of appeals correctly determined that section 30-28-136 was satisfied when there was an eleven-year gap between the time of the referrals and the Board’s final decision.

II. ANALYSIS

A. Adequacy of the Record for Review

Petitioners argue that the certified record in this case is so imperfect and incomplete that a meaningful appellate review cannot take place. We disagree based upon our review of this court’s prior case law and the record itself.

On two prior occasions, we have considered the adequacy of an appellate record presented for review. First, in Board of County Commissioners v. Salardino, 136 Colo. 421, 318 P.2d 596 (1957), the court addressed a situation in which two hearings were held on an application for a retail liquor store license. Although the trial court directed the Board to certify a complete record of the proceedings, only a partial record was filed. Notably, the certified record did not contain any transcript from one of the two hearings held before the Board. We held that when reviewing a decision by a Board where there is no record regarding what occurred at a hearing, no judicial determination can be made as to whether the Board acted within its discretion or whether it acted arbitrarily and capriciously in denying an application. See id. at 425, 318 P.2d at 598. Accordingly, we reversed and remanded with directions to the trial court to remand to the Board for a new hearing on the application, the taking and recording of all testimony, exhibits, and other evidence in support of and against the application, and the making of specific findings of fact as to the basis of any grant or denial. See id. at 426, 318 P.2d at 598-99.

Fifteen years later, in Doyle, the court again addressed the adequacy of an administrative record. The petitioner in that case argued that there could be no effective appellate review because the transcripts of his administrative hearings, although certified as true and complete, were inaccurate.

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Save Park County v. Board of County Commissioners
990 P.2d 35 (Supreme Court of Colorado, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
990 P.2d 35, 1999 Colo. J. C.A.R. 6335, 1999 Colo. LEXIS 1193, 1999 WL 1076712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/save-park-county-v-board-of-county-commissioners-colo-1999.