In Re Arrowhead Colorado Metropolitan District, a quasi-municipal corporation and political subdivision of the State…

Summary

The court held that trial courts have discretion to authorize prehearing discovery in condemnation proceedings under the Colorado Rules of Civil Procedure. It concluded that the lower court improperly treated the absence of required responsive pleadings as preventing a condemnation case from being deemed at issue. The court exercised original jurisdiction because ordinary appellate review would not adequately remedy the potential harm from immediate possession and remanded for the trial court to exercise its discretion on the discovery request.