Prairie Dog Advocates v. City of Lakewood

Opinion by

Judge PLANK.

Defendant, the City of Lakewood (the city), appeals an injunction preventing it from exterminating some of the prairie dogs in a city park. The injunction resulted from an action brought by plaintiff, Prairie Dog Advocates, an unincorporated nonprofit association, for review of the city's decision pursuant to C.R.C.P. 106(a)(4). We reverse and remand with directions.

The city owns and operates as a city park an area of open space consisting of approximately 350 acres. Seven prairie dog colonies existed within the open space, and the city initially intended to exterminate…