Weld County Colorado Board of County Commissioners v. Ryan.

2023 CO 54. No. 22SC242. Jurisdictional Standing—Political Subdivision—Rule of Martin.

October 25, 2023

The Supreme Court held that Weld County did not have standing because it could not demonstrate an injury to a legally protected interest. The Court granted certiorari review of this case and a companion case, Colorado State Board of Education v. Adams County School District 14, 2023 CO 52, _­_P.3d­­__, to review the viability of a specialized political subdivision test used by the court of appeals. In State Board of Education, the Court abandoned that political subdivision test because it has generated unnecessary confusion. Instead, a political subdivision, just like any other plaintiff, must satisfy only the standing test developed in Wimberly v. Ettenberg, 570 P.2d 535, 539 (Colo. 1977). After applying that holding here, the Court concluded that Weld County lacked standing to pursue the claims raised in this case. Accordingly, the Court affirmed the division’s judgment, albeit on different grounds.