Laserfiche WebLink
Board to misapply two of the six special review criteria in Land Use <br /> Code section 4.5.3 and thereby abuse its discretion. Accordingly, <br /> the court reversed the Board's decision and remanded the case to <br /> the Board for further administrative proceedings. <br /> s } = The parties now appeal two of the court's orders. NLGC <br /> appeals the court's April 15, 2020, order granting summary <br /> judgment in favor of the defendants on its as-applied due process <br /> claim. The defendants each cross-appeal, contending that the <br /> district court erred by entering judgment in favor of NLGC on its <br /> C.R.C.P. 106(a)(4) claim. We address each appeal in turn. <br /> II. Standard of Review <br /> > > "Review of a governmental body's decision pursuant to Rule <br /> 106(a)(4) requires an appellate court to review the decision of the <br /> governmental body itself rather than the district court's <br /> determination regarding the governmental body's decision." Bd. of <br /> Cnty. Comm'rs v. O'Dell, 920 P.2d 48, 50 (Colo. 1996). Our review <br /> is limited to deciding whether the governmental body's decision was <br /> an abuse of discretion, based on the evidence in the record before <br /> it, or was made in excess of its jurisdiction. C.R.C.P. 106(a)(4)(I); <br /> Whitelaw v. Denver City Council, 2017 COA 47, 17. <br /> 11 <br />