City of Colorado Springs v. District Court In and For El Paso County
| Decision Date | 19 February 1974 |
| Docket Number | No. 26210,26210 |
| Citation | 184 Colo. 177,519 P.2d 325 |
| Parties | The CITY OF COLORADO SPRINGS, Colorado, a municipal corporation, et al., Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF EL PASO, State of Colorado, and William E. Rhodes, a Judge of said Court, Respondents. |
| Court | Colorado Supreme Court |
Gordon D. Hinds, City Atty., James G. Colvin, II, Asst. City Atty., Colorado Springs, for petitioners.
Isaac & Walsh, Robert M. Isaac, Richard K. Walsh, Colorado Springs, for respondents.
This original proceeding, in the nature of prohibition, was filed by the City of Colorado Springs, seeking an order which would prohibit the district court of El Paso County from enforcing an order directed to city council members and ordering discovery of facts relating to the denial of a rezoning application. We issued a rule to show cause and now make the rule absolute.
Doctors' Hospital Associates, a Colorado limited partnership, held an option to purchase real property upon which it intended to construct hospital facilities, including doctors' offices, pharmacies, and clinics. A zoning change was required if hospital facilities were to be constructed. Accordingly, an application to the Colorado Springs planning department for a change of zoning was filed. The city planning commission, by a four-to-three vote, recommended that the application be approved. Thereafter, the Colorado Springs city council, by a five-to-four vote, disapproved the application and denied the requested zoning change.
As a result of the city council's action, Doctors' Hospital Associates filed a petition for review with the El Paso County district court under C.R.C.P. 106. The petition alleged that the city council had acted arbitrarily and capriciously, abused its discretion, and failed to pursue its authority in a regular way. Shortly after the petition was filed, Doctors' Hospital Associates filed a 'Notice to Take Deposition of Defendants.' The City of Colorado Springs filed a 'Motion for Protective Orders,' and the district court granted the protective order until the nature and extent of the review permitted on certiorari was determined. Thereafter, the district court ruled that the city council was acting in a quasi-judicial capacity when it passed upon the application for rezoning. Based upon that ruling, the district court granted conditional and restricted discovery of the circumstances surrounding the acts which were alleged to be arbitrary and capricious. Subsequently, Doctors' Hospital Associates submitted interrogatories to the city council. The city council objected to every question, except for one, on the grounds that Doctors' Hospital Associates was inquiring or probing into the mental processes or procedures by which the city council reached its decision. Doctors' Hospital Associates filed a motion to compel the city council to answer the interrogatories, and the district court ruled that, pursuant to C.R.C.P. 26, the interrogatories should be answered. The City of Colorado Springs then filed an original proceeding in the nature of prohibition in this court under C.A.R. 21(a).
Relief in the nature of prohibition is a proper remedy only in those cases where the district court is proceeding without or in excess of its jurisdiction or has abused its discretion in exercising its functions. C.A.R. 21(a); Orcutt v. District Court, 167 Colo. 162, 445 P.2d 887 (1968). The scope of inquiry granted to this court by C.A.R. 21(a) is, therefore, limited to examining the jurisdictional grounds upon which the district court acted to determine whether or not the district court exceeded its jurisdiction or abused its discretion. Heckers v. District Court, 170 Colo. 533, 463 P.2d 310 (1970); City of Aurora v. Congregation Beth Medrosh Hagodol, 140 Colo. 462, 345 P.2d 385 (1959).
District courts are specifically authorized to review alleged arbitrary action and abuses of discretion by city councils. C.R.C.P. 106(a) provides in part:
'(a) . . . In the following cases relief may be obtained in the district court by appropriate action under the practice prescribed in these rules:
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'(4) Where an inferior tribunal (whether court, board, commission or officer) exercising judicial or quasi-judicial functions, has exceeded its jurisdiction or abused its discretion, and there is no plain, speedy and adequate remedy.'
In denying the requested zoning change, the city council was acting in a quasi-judicial capacity. Dillon Companies, Inc. v. City of Boulder, Colo., 515 P.2d 627 (1973). Therefore, the district court had the...
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