Colorado § 32-1-206 Judicial review

Colorado Statutes

§ 32-1-206 — Judicial review

Colorado·Title 32 Special·Art. Special District Provisions

(1)If the petitioners for the organization of a proposed special district fail to secure such resolution of approval in the first instance or on remand from any board of county commissioners or, where required pursuant to section 32-1-204.5, from the governing body of any municipality, the petitioners may request the court to review such action. If the court determines such action to be arbitrary, capricious, or unreasonable, the court shall remand the matter back to the board of county commissioners or to the governing board of the municipality for further action with specific direction as necessary to avoid the arbitrary, capricious, or unreasonable result. Another public hearing shall be held with notice to interested parties as defined in section 32-1-204 (1).

(2)If the ser

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(1) If the petitioners for the organization of a
proposed special district fail to secure such resolution of approval in the first
instance or on remand from any board of county commissioners or, where required
pursuant to section 32-1-204.5, from the governing body of any municipality, the
petitioners may request the court to review such action. If the court determines
such action to be arbitrary, capricious, or unreasonable, the court shall remand the
matter back to the board of county commissioners or to the governing board of the
municipality for further action with specific direction as necessary to avoid the
arbitrary, capricious, or unreasonable result. Another public hearing shall be held
with notice to interested parties as defined in section 32-1-204 (1).

(2) If the service plan is approved by the board of county commissioners, any
interested party as defined in section 32-1-204 (1), if such party had appeared and
presented its objections before the board of county commissioners, shall be given
notice and have the right to appear and be heard at the hearing on the court petition
for the organization of the special district, and the court may dismiss the court
petition upon a determination that the decision of the board of county
commissioners was arbitrary, capricious, or unreasonable.

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