Danielson v. Zoning Board of Adjustment of Commerce City

This is a direct appeal pursuant to section 13-4-102(l)(b), 6A C.R.S. (1987), challenging a decision by the Adams County District Court which held unconstitutional a portion of a Commerce City zoning ordinance. Because the complaint, filed under C.R.C.P. 106(a)(4), 1 was not timely filed within thirty days as required by C.R.C.P. 106(b), 2 we reverse and remand the case to the district court with directions to dismiss the complaint.

I

The complaint in this case was filed by John R. Danielson (“Danielson”), individually and d/b/a Commerce City Business Center, and Commerce City Business Center,…