Associated Governments of Northwest Colorado v. Colorado Public Utilities Commission

133 These cases present the question of whether a petitioner's failure to commence its action to review a PUC decision in a proper division of the district court, as required by subsection 40-6-115(5), C.R.S. (2011), mandates dismissal of the action for want of subject matter jurisdiction. I would answer this question in the affirmative and hold accordingly that the Routt County district court should have dismissed this case. Therefore, I respectfully dissent.

T 34 Section 40-6-115, read as a whole and in harmony with the legislature's intent to create an efficient vehicle for judicial review…