In re Arrowhead Colorado Metropolitan District v. Roxborough Park Foundation.

2026 CO 54. No. 26SA15. Eminent Domain Proceedings—Condemnation Hearings—Civil Procedure.

June 23, 2026

In this original proceeding under C.A.R. 21, the supreme court concluded that the trial court erred in finding it lacked discretion to order prehearing discovery in condemnation proceedings. Instead, the court held that CRCP 26(d) and 26(b)(2) grant trial courts the discretion to order discovery, while CRCP 16(b)(l) grants trial courts the authority to deem a case “at issue,” which then enables the court to authorize discovery. Accordingly, the court made the order to show cause absolute and remanded the case to the trial court to determine, in its discretion, whether to grant or deny Roxborough Park Foundation’s request for prehearing discovery.