Open Door Ministries v. Lipschuetz

Summary

The court held that the Colorado Governmental Immunity Act does not apply to claims seeking prospective declaratory or injunctive relief to prevent an injury that has not yet occurred. Because Open Door still held a valid permit and had not suffered an injury when it filed its cross-claims, the Act's notice requirement did not apply and the trial court had subject matter jurisdiction. The court reversed the court of appeals and remanded for further proceedings.