Colorado § 35-70-110 - Appeals to state board.

§ 35-70-110. Appeals to state board.

(1) The owner of any lands within the district may appeal from any decision of the supervisors to the state board. To establish such an appeal, the owner must submit the owner's appeal in writing to the state board within thirty days after the date of the action of the supervisors to which the appeal is directed. The notice of appeal must state the specific part of the decision of the supervisors to which the appeal is directed, if less than the entire decision is being appealed, and must state in simple and concise language the reasons why the owner considers the decision to be improper.

(2) Within twenty days following the receipt of such written appeal, the state board shall notify, in writing by registered mail, the person making such appeal and the local board of supervisors of the time and place it will hear the appeal. Such hearings shall be held not less than ten days nor more than a period spanning two consecutive meetings of the state board following the mailing of the notice.

(3) At the time and place set forth in the written notice for such meeting, the state board shall hear any persons in interest who desire to be heard in favor of or against the order as finally entered by the supervisors and shall make its decision thereon, which shall be entered in the minutes of the state board.

(4) and (5) Repealed.

(6) A court shall not set aside or alter the final decision of the state board unless the petitioner or plaintiff alleges and shows to the court that the supervisors, in the rules or decision complained of, were guilty of gross carelessness or abuse of discretion. A court shall not maintain an action to set aside or alter a final decision of the state board unless the petitioner or plaintiff alleges and shows to the court that the petitioner or plaintiff has exhausted all rights of appeal provided in this section.

Source: L. 37: p. 1184, § 10. CSA: C. 149A, § 10. L. 41: p. 700, § 1. L. 45: p. 634, § 6. CRS 53: § 128-1-10. C.R.S. 1963: § 128-1-10. L. 82: (1) to (3) amended and (4) and (5) repealed, pp. 532, 537, §§ 9, 15, effective January 1, 1983. L. 2025: (1) and (6) amended, (HB 25-1084), ch. 24, p. 144, § 175, effective August 6.