St. Vrain Valley School District RE-1J v. A.R.L. ex rel. Loveland

2014 CO 33, 325 P.3d 1014, 2014 WL 2042468, 2014 Colo. LEXIS 362
CourtSupreme Court of Colorado
DecidedMay 19, 2014
DocketSupreme Court Case No. 12SC631
StatusPublished
Cited by32 cases

This text of 2014 CO 33 (St. Vrain Valley School District RE-1J v. A.R.L. ex rel. Loveland) 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
St. Vrain Valley School District RE-1J v. A.R.L. ex rel. Loveland, 2014 CO 33, 325 P.3d 1014, 2014 WL 2042468, 2014 Colo. LEXIS 362 (Colo. 2014).

Opinions

CHIEF JUSTICE RICE

delivered the Opinion of the Court.

T1 We granted certiorari1 to consider an issue of first impression: whether an injury that occurs on a "zip line" apparatus located on a public school playground fulfills the requirements of the "recreation area waiver," section 24-10-106(1)(e), C.R.S. (2013), of the Colorado Governmental Immunity Act ("CGIA"). The recreation area waiver deprives public entities of immunity from tort liability if an injury results from a "dangerous condition of any ... public facility located in any park or recreation area." § 24-10-106(1)(e). We hold that a collection of playground equipment considered as a whole qualifies as a "public facility" under the recreation area waiver because such playground equipment is (1) relatively permanent or otherwise affixed to the land, (2) a man-made structure, (8) accessible to the public, and (4) maintained by a public entity to serve a beneficial, common public purpose. The court of appeals thus erred when it held that the zip line individually, rather than the playground collectively, constituted a "public facility."

12 We also hold that the public facility here, i.e., the collection of playground equipment, was "located in" the "recreation area" of the school playground. Applying the three-step analysis from Damiel v. City of Colorado Springs, 2014 CO 34, ¶ 23, 827 P.3d 891, we determine that the public land underlying the playground equipment is the "putative recreation area," that the "primary purpose" of that area is recreation, and that the facility where ARL. was injured is "located in" this area.

13 On remand, the trial court should conduct further fact finding to determine whether the Respondents can also fulfill the remaining requirements of the recreation area waiver.

I. Facts and Procedural History

T4 In November of 2008, A.R.L., a minor child, was playing on a zip line2 apparatus during her lunch recess. This zip line was part of her public elementary school's playground, which contained other types of playground equipment.3 While riding the zip line, ARL. fell 4 and fractured her wrist. As a result of her injury, the Respondents, Randy Loveland and Mary Nicole Loveland, ARL parents, and ARL. (collectively "the Lovelands"), sued the Petitioners, Cathy O'Donnell, the elementary school's principal, [1018]*1018and St. Vrain Valley School District RE-1J (collectively "the District") in a tort action.

T5 Thereafter, the District filed a Motion to Dismiss pursuant to C.R.C.P. 12(b)(1) ("Motion"), arguing that the trial court lacked subject matter jurisdiction because public school districts-and their employees-are immune from liability under the CGIA. See § 24-10-108, C.R.S. (2018) ("Except as provided in sections 24-10-104 to 24-10-106, sovereign immunity shall be a bar to any action against a public entity for injury which lies in tort or could lie in tort ...."); § 24-10-103(5), C.R.S. (2013) (defining a public "school district," such as the District here, as a "public entity" for the purposes of governmental immunity); § 24-10-108(4)(2a) (defining a "public employee," such as Prinei-pal O'Donnell here, for the purposes of governmental immunity). The Lovelands argued, however, that the District was liable for A.R.L 's injuries because it had waived immunity pursuant to the recreation area waiver. That waiver provides, in relevant part, that a public entity can be held liable for injuries caused by a "dangerous condition of any ... public facility located in any park or recreation area maintained by a public entity." § 24-10-106(1)(e). Specifically, the Lovelands contended that the zip line qualified as both a "dangerous condition" and a "public facility" and that the zip line was "located in" a "recreation area" because it was located within the school playground.

T6 The trial court granted the District's Motion, finding that the recreation area waiver was wholly inapplicable to the Lovelands' case, because "playground equipment is not a public facility."5 The Lovelands then filed an interlocutory appeal pursuant to section 24-10-108.

T7 The court of appeals reversed the trial court's Order granting the District's Motion, holding that the zip line did constitute a "public facility" located in a recreation area pursuant to section 24-10-106(1)(e). Loveland v. St. Vrain Valley Sch. Dist, RE-1J, 2012 COA 112, ¶¶ 19, 22, 328 P.3d 228. In particular, the court of appeals concluded that "public facility" was an ambiguous term, as it was subject to two reasonable, but contradictory, interpretations. Id. at 115. Specifically, it held that a "public facility" could encompass either (1) larger structures, such as a bricks-and-mortar building, or (2) things other than buildings, such as smaller machinery or equipment. See id. Due to this statutory ambiguity, the court of appeals turned to legislative history and concluded that the legislature intended that an individual piece of playground equipment, such as the zip line here, would qualify as a "public facility." See id. at 126. Without further analysis, and apparently relying on the parties' stipulations, the court of appeals also noted that the playground where the zip line was located constituted a "recreation area." See id. at 17. Having found that the "public facility" and "recreation area" requirements of the waiver were met, the court of appeals remanded to the trial court to conduct further proceedings. See id. at T 34.

T8 We granted certiorari review. We now affirm the court of appeals' holding, though on different grounds.

II. Standard of Review

19 Governmental immunity implicates issues of subject matter jurisdiction that are determined in accordance with C.R.C.P. 12(b)(1). Swieckowski v. City of Ft. Collins, 934 P.2d 1380, 1383-84 (Colo.1997). Where, as here, the facts are undisputed and the issue is one of statutory construction, the trial court's ruling is subject to de novo review. See Medina v. State, 35 P.3d 443, 452 (Colo.2001) ("[Ilf all relevant evidence is presented to the trial court, and the underlying facts are undisputed, the trial court may decide the jurisdictional issue as a matter of law, in which case appellate review is de novo.").6

[1019]*1019IH. Analysis

T10 Resolution of this case requires us to construe an undefined provision of the CGIA. In conducting statutory interpretation, our primary task is to ascertain and give effect to the legislature's intent-the polestar of statutory construction. State v. Nieto, 993 P.2d 493, 500, 502 (Colo.2000). We seek to effectuate legislative intent by construing the statute as a whole, giving consistent, harmonious, and sensible effect to all of the statute's parts. Elgin v. Bartlett, 994 P.2d 411, 416 (Colo.1999). When legislative language is unambiguous, we give effect to the statute's plain and ordinary meaning without resorting to other rules of statutory construction. See Springer v. City & Cnty. of Denver, 13 P.3d 794, 799 (Colo.2000).

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Bluebook (online)
2014 CO 33, 325 P.3d 1014, 2014 WL 2042468, 2014 Colo. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-vrain-valley-school-district-re-1j-v-arl-ex-rel-loveland-colo-2014.