1979-07-02_ENFORCEMENT - M1978352

Home Browse Search

of administrative remedy doctrines, and would deny objecting parties aggrieved by agency action , their constitutional and statutory rights to judicial review. Plaintiffs are parties to the administrative proceeding entitled to commence an action for judicial review. Defendants have contended for the first time in their Reply Brief that Plaintiffs were not parties to the administrative proceeding I and thus, had no right to commence an action for judicial review (see Defendant Reply Brief, page 6-9) . To insert such an argument at this late stage is unfair and impermissable, and Defendants ' argument should therefore be stricken from the record. Even if such argument were permitted to be presented, it would fail on the merits. Section 24-4-106 , C. R. S. 1973 provides as follows : (1) "In order to assure a plain, simple and prompt judicial remedy to persons or parties adversely effected or aggrieved by agency actions, the provisions of this section shall be applicable. it(Emphasis supplied) As a consequence of this provision, it is clear that whatever hypertechnical definition Defendant may choose to give to party, the judicial review provisions do not contemplate such a narrow definition. The use of the terms "persons or parties" clearly indicates that the broadest range of adversely effected or aggrieved entities will be permitted judicial review. Further, Section 24-4-102 (11) , C. R. S. 1973 cited by Defendant which reads as follows: "Party includes any person or agency named or admitted as a party, or properly seeking and entitled, as of right to, be admitted as a party, in any court or agency proceeding subject to the provisions of this article" , clearly indicates that Plaintiff is a party entitled to judicial review. This is the case for Plaintiff is entitled as of right to be admitted as a party. For, as Defendant admits in it' s Brief, Plaintiffs were entitled to be admitted as a party to -6-