BOARD OF COUNTY COM'RS v. SUNDHEIM

No. 95SC330.

926 P.2d 545 (1996)

BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY; Suzy McDanal, R.A., "Chris" Christensen, and James Sullivan, individually and in their capacities as members of the Board of County Commissioners of Douglas County, Colorado; and Ed Tepe, individually and in his capacity as the Director of Planning and Community Development in Douglas County, Colorado, Petitioners/Cross-Respondents, v. John SUNDHEIM and JoAnn Scoggin Sundheim, Respondents/Cross-Petitioners, and Dorothy Rudd and Robert Rudd, Respondents.

Supreme Court of Colorado, En Banc.

October 28, 1996.


Attorney(s) appearing for the Case

Senter Goldfarb & Rice, L.L.C., Steven J. Dawes, Susan E. Dallas, Denver, for Petitioners/Cross-Respondents.

Massey Showalter & Marsh, P.C., Richard A. Marsh, Denver, for Respondents/Cross-Petitioners John Sundheim and JoAnn Scoggin Sundheim.

No Appearance on Behalf of Respondents Dorothy and Robert Rudd.

Cornish and Dell'Olio, Craig M. Cornish, Melissa L. Phillips, Michael W. Standard, Colorado Springs, for Amicus Curiae American Civil Liberties Union Foundation of Colorado, Inc.

Hall and Evans, L.L.C., Josh A. Marks, Denver, for Amicus Curiae Colorado Counties, Inc.

Colorado Municipal League, David W. Broadwell, Denver, for Amicus Curiae Colorado Municipal League.

Gale A. Norton, Attorney General, Timothy M. Tymkovich, Solicitor General, Garth C. Lucero, Deputy Attorney General, Timothy R. Arnold, Deputy Attorney General, Civil Litigation Section, Tort Litigation, for Amicus Curiae State of Colorado.


Chief Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in Sundheim v. Board of County Commissioners, 904 P.2d 1337 (Colo. App.1995), to determine whether the thirty-day filing limitation contained in C.R.C.P. 106(b) applies to actions where a claim for money damages is asserted under 42 U.S.C. § 1983 (1994). We also granted certiorari to determine if this...

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