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seeking a judicial review claiming that Plaintiff failed to <br /> request a hearing in conformity with Section 24-4-105, C. R. S . 1973 . <br /> Plaintiff has gone through a complete avenue of administrative <br /> review and to preclude Plaintiff judicial review because it <br /> has merely elected one form of final agency review proceeding <br /> over another is ludicrous. If Defendant' s line of reasoning <br /> was followed, the mere failure to request a review proceeding <br /> under Section 24-4-105, C. R.S. 1973 rather than under Section <br /> 24-4-104 , C. R. S. 1973 (parallel review proceedings) would preclude <br /> a party from gaining judicial review of Board actions conducted <br /> under the provisions of §24-4-104, notwithstanding the fact <br /> that an objector ' s rights have been totally and seriously <br /> breached by said proceeding. The March lst meeting provided <br /> a substantive and considerable review of the matters in question , <br /> and any failure to develop a record to substantiate the Board ' s <br /> findings is clearly a failing of the Board and not of the <br /> Plaintiff. This is reinforced by the fact that the Board could <br /> have deferred consideration until a future hearing if it so <br /> chose. (Rules and Regulations 1 . 52) . Compliance with the statutory <br /> provisions is essential and must appear of record. People in Interest <br /> of S.S.T. , Unpub'd. Colo. App. , 553 P. 2d 82 (1976) ; Storey vs. <br /> Shumaker, 131 Colo. 131 , 279 P. 2d 1057 (1955) . <br /> In summary, Plaintiffs are entitled to judicial review <br /> pursuant to the statutory mandate of the Administrative <br /> Procedure Act, Section 24-4-106 (2) , as final agency action <br /> was had at the March lst Board Meeting. Plaintiff also exhausted <br /> it ' s administrative remedies as it actively participated in <br /> the final agency review process. Further, the mere fact that <br /> a hearing pursuant to Section 24-4-105, C.R.S. 1973 was not the <br /> particular form of final agency review which was conducted in <br /> the instant matter, cannot be used to preclude judicial review. <br /> To do so would contort the final agency action and exhaustion <br /> -5- <br />