Plains Cooperative Telephone Ass'n v. Board of County Commissioners

Opinion by

Judge CONNELLY.

A Colorado statute strictly limits what counties may charge telecommunications providers for roadwork permits to run cable lines under public roads. Counties may impose only a "construction permit fee," which must be "reasonably related to the costs directly incurred by the [county] in providing services relating to the granting or administration of permits." § 88-5.5-107(1)(a)(ID), (1)(b), C.R.8.2008.

Plaintiff, Plains Cooperative Telephone Association, Inc. (Plains), challenged Washington County's fee for permits allowing Plains to cut trenches in and then restore…