City Prevails in Land Use Appeal
The Colorado Court of Appeals issued an opinion today affirming the District Court’s dismissal of a land use case filed by Jeff Auxier. The complaint alleged that the Planning Commission exceeded its authority in and abused its’ discretion interpreting the Municipal Code which resulted in the issuance of a building permit to construct an accessory structure across the alley from Mr. Auxier’s property. Mr. Auxier may request a rehearing by the Court of Appeals or review by the Colorado Supreme Court of the Court of Appeals’ decision.
When Mayor Dickson learned of the Appeals Court Opinion he said: “I hope this opinion issued by the Court of Appeals will be the end of taxpayer dollars being spent on defending this case.”
Since 2013 the City has spent $40,278.80 defending the Planning Commission decision in District Court and most recently the Colorado Court of Appeals.