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KENDAL v. CASON

No. 88CA1850.

791 P.2d 1227 (1990)

Kerry L. KENDAL and Bessie M. Herrod, Plaintiffs-Appellants, v. Forrest CASON, in his official capacity as Executive Director of the Colorado Department of Administration; the Colorado Department of Administration; John Tipton, in his official capacity as the Executive Director of the Colorado Department of Revenue; and the Colorado Department of Revenue, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 19, 1990.

Attorney(s) appearing for the Case

Legal Aid Soc. of Metropolitan Denver, Anne B. Stockham and Hugh McClearn, Denver, for plaintiffs-appellants.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Antony B. Dyl, Asst. Atty. Gen., Denver, for defendants-appellees.

Opinion by Judge JONES.

Plaintiffs, Kerry L. Kendall and Bessie M. Herrod, appeal from the dismissal of their action challenging the state's offset of their tax refunds against their debts to the state. The trial court dismissed this action based on plaintiffs' failure to exhaust their administrative remedies prior to seeking judicial relief. We affirm.

In March 1986, the defendant state agencies offset Kendall's 1985 state income tax refund of $88.10 against...

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