3 BAR J HOMEOWNERS ASS'S v. McMurry

*636Judge TAUBMAN

dissenting.

Because I believe that the district court erred in dismissing as untimely the complaint brought by plaintiff, 3 Bar J Homeowners Association, Inc. (Homeowners), I respectfully dissent.

Homeowners brought this proceeding pursuant to C.R.C.P. 106(a)(4) to obtain a determination that the approval of two subdivisions in Chaffee County, Colorado, was arbitrary and capricious and in excess of the jurisdiction of defendants, Frank C. McMurry, Jim Thompson, and Glen Everett, in their official capacity as the Chaffee County Board of County Commissioners (collectively the County).