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ASSOC. GOVERNMENTS v. PUBLIC UTILITIES

Nos. 11SA224, 11SA225.

275 P.3d 646 (2012)

2012 CO 28

In re ASSOCIATED GOVERNMENTS OF NORTHWEST COLORADO, Petitioner v. COLORADO PUBLIC UTILITIES COMMISSION; Joshua Epel, in his official capacity as Chairman of the Colorado Public Utilities Commission; and James K. Tarpey and Matt Baker, in their official capacity as members of the Colorado Public Utilities Commission, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 14, 2012.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, David A. Beckett , First Assistant Attorney General, Erin A. Overturf , Assistant Attorney General, Denver, Colorado, Attorneys for Respondents.

Paul M. Seby , Moye White LLP, Denver, Colorado, Attorneys for Petitioner.

Justice HOBBS delivered the Opinion of the Court.

¶ 1 Respondent Colorado Public Utilities Commission challenged the subject matter jurisdiction of the district court of Routt County to consider changing the venue in regard to a petition for judicial review, arguing that the petitioner failed to meet the requirements of section 40-6-115(1) and (5), C.R.S. (2011). Holding that section 40-6-115(5) pertained to venue, not jurisdiction, the Routt County District...

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