Legal Opinion

Black Canyon Citizens Coalition, Inc. v. Board of County Commissioners

Colorado Court of Appeals

Decided October 9, 2003No. 02CA1466PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Judge ROY.

Plaintiff, Black Canyon Citizens Coalition, Inc. (the corporation), appeals the district court’s order dismissing a C.R.C.P. 106(a)(4) complaint filed against the Board of County Commissioners of Montrose County (the county). We affirm.

This is a case of first impression under C.R.C.P. 106(a)(4) with respect to the substitution of a plaintiff. It is also a case of first impression in Colorado on the effect of naming a nonexistent corporation as plaintiff.

According to the pleadings, an individual (the applicant) applied for a special use permit for a gravel mining operation…

2Cases cited8 opinions

  1. Tri-State Generation & Transmission Co. v. City of ThorntonSupreme Court of Colorado · 1982
  2. Norby v. City of BoulderSupreme Court of Colorado · 1978
  3. Banakus v. United Aircraft Corp.District Court, S.D. New York · 1968
  4. Schwartz v. Metropolitan Life Ins.District Court, D. Massachusetts · 1941
  5. Baker v. City of DaconoColorado Court of Appeals · 1996

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Currier v. SutherlandSupreme Court of Colorado · 2009
  2. SMLL, L.L.C. v. Peak National BankColorado Court of Appeals · 2005
  3. Ashton Properties, Ltd. v. OvertonColorado Court of Appeals · 2004
  4. Auxier v. McDonaldColorado Court of Appeals · 2015
  5. Pound v. Airosol Co., Inc.District Court, D. Kansas · 2005

3 more not listed; retrieve them via the Exa API.

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