Barrett Corp. v. Lembke.

2020 CO 73. No. 18SC760. Statutory Interpretation—Special Districts—Land Use.

September 14, 2020

In this case, the Supreme Court determined the proper interpretation of CRS § 32-1-401(1)(a) of the Special District Act. The Court held that to include new territory in a special district through the procedure set out in the statute, all owners of the surface property to be included must assent, and inclusion is only appropriate if that surface property can be served by the district. The assent of the owners or lessees of subsurface mineral rights is not required. Accordingly, the Court affirmed the decision of the division below and remanded the case for consideration of any outstanding questions.

Related Topics