July 12, 2016
Last week, in Wibby v. Boulder County Board of County Commissioners, the Colorado Court of Appeals ruled that property owners in Boulder lacked legal standing to bring claims against the County Commissioners for alleged neglect in maintaining subdivision roads. To have standing, the owners needed to have suffered an injury in fact and the injury must have been to a legally protected interest. The owners alleged that they suffered injury because the County neglected to perform maintenance after reducing its road funding starting in the mid-1990s.
The Court of Appeals disagreed and upheld the district court’s dismissal of their claims for breach of contract, statutory violations, abuse of discretion and declaratory judgment. This ruling effectively ends the legal saga between subdivision property owners and the County, unless the owners are successful in convincing the Colorado Supreme Court to hear the case.
The decision can be accessed here: Wibby v. Boulder County Board of County Commissioners.
This article is intended to provide general information and, therefore, should not be treated as legal advice. If you have questions about a specific legal issue, you should seek the advice of a qualified attorney.
Author: Joseph B. Caldwell
Editor: Rudy E. Verner