Hygiene Fire Protection District v. Board of County Commissioners

Judge RUSSEL

dissenting.

The Hygiene Fire Protection District wants to condemn private property and build a firehouse there. Boulder County resists because the firehouse would disrupt a plan that the county adopted under the Planned Unit Development Act of 1972 (PUD Act), sections 24-67-101 to -108, C.R.S.2008. The issue is whether Hygiene Fire must obtain the county’s permission.

The majority concludes that the answer is no. It declares that, as a public entity, Hygiene Fire is exempt from an enforcement provision in the PUD Act, section 24-67-106(3)(b), C.R.S.2008. From that premise, the…