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

Summary

The court held that Colorado's procedural rules give trial courts discretion to authorize prehearing discovery in condemnation proceedings, including before an immediate-possession hearing. It concluded that the trial court misread the rules by treating condemnation proceedings as incapable of being at issue and by overlooking provisions allowing court-ordered discovery and alternative timing. The court made the order to show cause absolute and remanded for the trial court to exercise its discretion on the discovery request.