Board of County Commissioners of La Plata County v. Moga

This case raises the question of whether a dispute concerning a building variance issued by the La Plata County Board of Adjustments (BOA) must first be raised with the BOA itself rather than with the district court. Thomas and Diedra Moga brought a declaratory judgment action against the Board of Commissioners of La Plata County seeking a ruling that a variance issued by the BOA did not contain a height restriction. The trial court dismissed the complaint on the grounds of lack of subject matter jurisdiction because the Mogas had failed to exhaust the administrative remedies available…