First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0936.01 Bob Lackner x4350 SENATE BILL 13-267 SENATE SPONSORSHIP Ulibarri, HOUSE SPONSORSHIP Kagan, Senate Committees House Committees Local Government A BILL FOR AN ACT Concerning judicial review of land use determinations by local governments. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Upon any final action of a county, home rule or statutory city, town, territorial charter city, or city and county (local government) that has the effect of approving or denying, in whole or in part, the use or development of a particular parcel of real property, the bill makes the final action subject to judicial review, whether or not an application for reconsideration of the final action has been filed, unless the filing of an application for reconsideration is required to obtain judicial review under the land development regulations of the local government. The bill authorizes any person adversely affected or aggrieved by final action by a local government concerning the use or development of a particular parcel of real property, and who was a party to or participated in the proceedings resulting in the final action, to commence an action for judicial review of the final action in the district court in which the real property is located within 30 days after the action becomes final. The bill specifies the parties against whom the action may be brought. The bill specifies the required components of a complaint requesting judicial review, and additional procedures governing service of the complaint, certification of the record, and a schedule for briefing the matter before the district court. Judicial review under the bill is limited to a determination of whether the local government or an officer of the local government has exceeded its jurisdiction or abused its discretion, based on the evidence in the record before the defendant local government or officer. The bill requires the district court to determine the matter within 63 days of the plaintiff's reply brief, or, if no briefs are filed, within 63 days of the filing of the defendant's answer. If the district court has not decided the matter by the applicable deadline, the final action of the local government that is under review is deemed affirmed and valid without any further action by the district court, for all purposes including authorization to seek appellate review of the district court's order. The decision of the district court is subject to appellate review as permitted by existing appellate rules. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 29-20-109 as follows: 29-20-109. Judicial review of local government land use determinations. (1) Upon any final action of a local government that has the effect of approving or denying, in whole or in part, the use or development of a particular parcel of real property, the final action is subject to judicial review as provided in this section, whether or not an application for reconsideration of the final action has been filed, unless the filing of an application for reconsideration is required as a condition precedent to judicial review of the final action by the land development regulations of the local government. (2) Any person adversely affected or aggrieved by final action by a local government concerning the use or development of a particular parcel of real property, and who was a party to or participated in the proceedings resulting in the final action, may commence an action for judicial review of the final action in the district court in which the real property is located within thirty days after the action becomes final. An action for judicial review may be brought against the local government in its official name or any officer of the local government who acted on behalf of the local government in the matter sought to be reviewed. (3) A complaint for judicial review in an action brought pursuant to subsection (2) of this section must state the basis for the district court's jurisdiction, the facts upon which the plaintiff claims to have been adversely affected or aggrieved, the reasons entitling the plaintiff to relief, and the relief sought. Each party to a proceeding seeking judicial review that is not appearing as a plaintiff in the action must be made a defendant in the action. Service of the complaint for judicial review must be made in the same manner as service of summons in a civil action under the Colorado rules of civil procedure. An answer or other responsive pleading must be filed in accordance with the Colorado rules of civil procedure. (4) If a complaint for judicial review is accompanied by a motion and proposed order requiring certification of a record, the district court must order the local government to file with the clerk the entire record or such portion or transcripts of the record as are identified in the order, together with a certificate of authenticity. The record must be filed within thirty days of the order requiring certification, but no sooner than the date upon which an answer to the complaint must be filed. A defendant local government required to certify a record must give written notice to all parties, simultaneously with the filing, of the date of filing the record with the clerk. (5) The plaintiff shall file and serve on all parties an opening brief within forty-two days after the date on which the record was filed. If no record is requested, the plaintiff shall file an opening brief within forty-two days after the defendant has served its answer on the plaintiff. The defendant may file and serve an answer brief within thirty-five days after service of the plaintiff's opening brief, and the plaintiff may file and serve a reply brief to the defendant's answer brief within fourteen days after service of the answer brief. (6) Judicial review pursuant to this section is limited to a determination of whether the local government or an officer of the local government has exceeded its jurisdiction or abused its discretion based on the evidence in the record before the defendant local government or officer. (7) The district court shall determine the matter within sixty-three days of the plaintiff's reply brief, or, if no briefs are filed, within sixty-three days of the filing of the defendant's answer. If the district court has not decided the matter by the applicable deadline specified in this subsection (7), the final action of the local government that is under review is deemed affirmed and valid without any further action by the district court for all purposes including authorization to seek appellate review of the district court's order under subsection (8) of this section, and the period for seeking such appellate review shall commence as of the deadline for making a determination specified in this subsection (7). (8) The decision of the district court is subject to appellate review as may be permitted by the Colorado appellate rules for appealing any final judgment or order of a district court. SECTION 2. Applicability. This act applies to the entry of any final action of a local government that has the effect of approving or denying, in whole or in part, the use or development of a particular parcel of real property on or after the effective date of this act. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.