Roosevelt Tunnel, LLC v. Norton

Opinion by

Judge TAUBMAN.

The dispositive issue in this appeal concerning judicial review of agency action is whether an agency’s admitted failure to rule on a request for a temporary water discharge permit within a 180-day statutory period provides a basis for mandamus relief under C.R.C.P. 106(a)(2). Because we agree with the trial court that the agency’s “failure to act” constituted final agency action under the Administrative Procedure Act (APA), § 24-4-101, et seq., C.R.S.2002, we conclude plaintiffs’ action, filed outside the time limit for review under the APA, was properly dismissed for…