BAUM v. TOWN OF FRISCO

No. 02CA1164.

74 P.3d 427 (2003)

Harry BAUM, Plaintiff-Appellant, v. TOWN OF FRISCO, a home rule municipality, and Dick Boylan, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Certiorari Granted August 18, 2003.


Attorney(s) appearing for the Case

Peter H. Ziemke, LLC, Peter H. Ziemke, Wheat Ridge, Colorado, for Plaintiff-Appellant.

Holme Roberts & Owen, LLC, Thad Renaud, Denver, Colorado, for Defendant-Appellee Town of Frisco.

Schlueter Mahoney & Ross, P.C., Michael A. Schlueter, Denver, Colorado, for Defendant-Appellee Dick Boylan.


Opinion by Judge NEY.

Plaintiff, Harry Baum, appeals the judgment dismissing for lack of subject matter jurisdiction his action against defendant, the Town of Frisco. We reverse and remand.

Plaintiff brought this action in district court pursuant to C.R.C.P. 106(a)(4) to challenge a zoning action by the town. The town moved to dismiss for lack of subject matter jurisdiction on grounds its town charter vested its municipal court with "exclusive original jurisdiction...

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