St. Vrain Valley School District Re-1j and Cathy O'Donnell v. A.r.l. a Minor, by and Through Her Parents and Next…

Summary

The court held that the collection of playground equipment, rather than the individual zip line, can constitute a public facility under the recreation area waiver of the Colorado Governmental Immunity Act. It further held that the playground was located in a recreation area because the underlying public land was used primarily for recreation and the playground facility was situated within it. The court affirmed the court of appeals on different grounds and remanded for factual findings concerning the waiver's remaining requirements. Justice Coats, joined by Justice Eid, dissented and would have reversed because the record did not establish that the playground was operated or maintained as a public recreation area or that the playground equipment was a public facility.