In Re Associated Governments of Northwest Colorado, Petitioner v. Colorado Public Utilities Commission; Joshua Epel…

Summary

The court held that the statutory requirement governing where a petition for judicial review of a Public Utilities Commission order must be commenced establishes venue, not subject matter jurisdiction. Because AGNC timely satisfied the statute's jurisdictional requirements but filed in the wrong county, the defect was procedural and could be cured by transferring the action to the Denver District Court rather than dismissing it. Justice Rice, joined by Chief Justice Bender, dissented and would have treated the filing-location requirement as jurisdictional and required dismissal.