Supreme Court of Colorado

In Re Associated Governments of Northwest Colorado, Petitioner v. Colorado Public Utilities Commissi — Rice, J…

April 23, 20122012 Colo. LEXIS 289

Summary

Justice Rice, dissenting, would have held that the statutory requirement governing where a petition to review a Public Utilities Commission decision must be commenced is jurisdictional, not merely venue-related. Because the petitioner filed in Routt County rather than Denver or Garfield County, the dissent would have required dismissal for lack of subject matter jurisdiction rather than transfer to the proper district court. Chief Justice Bender joined the dissent.