American Heritage Railways, Inc. v. Colorado Public Utilities Commission.

2025 CO 27. No. 24SA184. Public Utilities—Jurisdiction—Standing—Due Process.

May 27, 2025

Pursuant to CRS § 40-6-115(5), plaintiffs appealed the district court’s decision upholding the Colorado Public Utilities Commission’s (the PUC) order granting relief to intervenor in this land use dispute between plaintiffs and intervenor. Plaintiffs contended that (1) the PUC lacked jurisdiction to interpret the applicable land use provision, CRS § 30-28-127; (2) intervenor lacked standing to petition the PUC for the relief it sought; (3) the PUC deprived plaintiffs of their due process rights in several respects; and (4) the PUC erred in its application of § 30-28-127.

The court concluded that (1) the PUC had jurisdiction to interpret § 30-28-127, (2) intervenor had standing to petition the PUC, (3) the PUC did not deprive plaintiffs of their due process rights, and (4) the PUC’s application of § 30-28-127 was just and reasonable and in accordance with the evidence.

Accordingly, the court affirmed the district court’s judgment upholding the PUC’s decision below.