CO SB267

Final land use determinations by local governments that approve or deny property development are subject to judicial review in district court, regardless of whether a reconsideration application is filed (unless reconsideration is required by local regulations).

Any person adversely affected by a land use decision and who participated in the proceedings may file a judicial review action in district court within 30 days after the action becomes final.

Judicial review is limited to determining whether the local government exceeded its jurisdiction or abused its discretion based on the record before the local government.

District court must issue a decision within 63 days of the plaintiff's reply brief or, if no briefs are filed, within 63 days of the defendant's answer; if the court misses this deadline, the local government's action is automatically deemed affirmed and valid.

Briefing schedule requires plaintiff's opening brief within 42 days, defendant's answer brief within 35 days, and plaintiff's reply brief within 14 days; district court decisions are subject to appellate review under Colorado appellate rules.