Legal Opinion

No.

Colorado Attorney General Reports

Decided September 15, 1988Published

1Opinion of the Court

Clifford Hall Deputy State Controller 1525 Sherman Street, 7th Flr. Denver, Colorado 80203

Dear Mr. Hall:

I write in response to your request for an Attorney General's opinion regarding the payment of expenses of an incumbent who successfully challenges a petition to recall him.

QUESTIONS PRESENTED AND CONCLUSIONS

a. Is an incumbent who successfully challenges a recall petition entitled to payment of the expenses which he incurred even though an election is not held?

No.

b. Are the time frames which are set forth section 31-4-504.5(3), C.R.S. (1986) jurisdictional?

Yes, with respect to the time…

2Cases cited8 opinions

  1. Passarelli v. SchoettlerSupreme Court of Colorado · 1987
  2. Matter of SekerezIndiana Supreme Court · 1984
  3. Groditsky v. PinckneySupreme Court of Colorado · 1983
  4. State Personnel Board v. GigaxSupreme Court of Colorado · 1983
  5. Carlile v. HendersonSupreme Court of Colorado · 1892

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