Weld Cnty. Bd. of Cnty. Comm'rs v. Ryan, 22SC242

Case DateNovember 21, 2022
CourtSupreme Court of Colorado

Weld County Board of County Commissioners, Petitioner

Jill Hunsaker Ryan, in her official capacity as the Executive Director of the Colorado Department of Public Health and Environment; Colorado Department of Public Health and Environment; and Colorado Air Quality Control Commission, an agency of the State of Colorado.

No. 22SC242

Supreme Court of Colorado, En Banc

November 21, 2022

Court of Appeals Case No. 20CA1445

Petition for Writ of Certiorari GRANTED.

Whether the division erred when applying the "Rule of Martin" to dismiss Weld County's action for judicial review of a rule promulgated by the Air Quality Control Commission ("Commission"), by holding that Weld County is (1) subordinate to the Commission in the context of air quality control and (2) that the Colorado General Assembly has not granted Weld County an express statutory right to seek judicial review of the Commission's rulemaking.

[REFRAMED] Whether this Court should review and clarify Martin v. District Court, 550 P.2d 864 (1976).



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