Supreme Court of Colorado

Land Corp. v. Langer

April 27, 2020462 P.3d 65

Summary

The court reversed the district court’s judgment, holding that the constitutionality of the development code could not be considered in an action limited to review under Rule 106(a)(4). It further held that the Board of Adjustment did not abuse its discretion in declining to review the use-classification decision or in determining that location-and-extent review was unnecessary. The court applied deferential review focused on whether the governmental decision misconstrued the law or lacked competent evidentiary support.