Supreme Court of Colorado

South Fork Water and Sanitation District v. Town of South Fork, Colorado

April 25, 2011252 P.3d 465

Summary

The dissent argues that the municipal permission statute requires the town to obtain the district's approval before providing water service in their shared service area, but does not restrict the grounds on which the district may withhold approval. It contends that the majority improperly creates a judicial "pick a winner" remedy instead of applying the legislature's exclusion procedure. Justice Coats joins the dissent.