Brown v. Walker Commercial, Inc.

2022 CO 57. No. 21SC390.  Limitation of Actions—Municipal Corporations—Courts—Review—Certiorari.

December 19, 2022

The Supreme Court clarified that Colorado Rule of Civil Procedure 106(b) establishes a limitation period for invoking the district court’s jurisdiction under Rule 106(a)(4). Thus, Rule 106(b)’s limitation period is not subject to equitable considerations. This conclusion is consistent with nearly half a century of Colorado appellate case law treating Rule 106(b)’s deadline as strict and jurisdictional.

Here, the district court properly dismissed Walker’s Rule 106(a)(4) amended complaint as untimely because Walker filed its original complaint two days after Rule 106(b)’s 28-day filing deadline had lapsed. Because the complaint was untimely, the trial court also properly dismissed Walker’s additional Claim 3 raised in its amende—d complaint. The Court therefore reversed the court of appeals’ judgment.