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§ 24-4-106 (8) allows a court, upon a finding of irreparable injury, to enjoin the conduct of any agency <br />proceeding or action proposed to be taken. <br />Typically, when a remedy is offered within the Administrative Procedure Act ("APA") a plaintiff <br />cannot seek redress outside of the statute. Purcell v. Colorado Division of Gaming, 919 P.2d 905 <br />(Colo.App. 1996); Jeffrey v. Colorado State Department of Social Services, 198 Colo. 265, 599 P.2d 874 <br />(1979). There are two exceptions to this general rule; if the remedy within the APA is inadequate, or if <br />the matter in controversy involves a question of law rather than an issue within administrative discretion <br />and expertise. Purcell v. Colorado Division of Gaming, 919 P.2d 905 (Colo.App. 1996). <br />Plaintiff seeks relief under Rule 57, Rule 65 and C.R.S. § 13-51-106 but does not argue that the <br />remedies afforded in the APA pursuant to C.R.C.P. § 24-4-106 (5), (7), or (8) would offer only nominal <br />review or that the controversy is a question of law. Accordingly, Plaintiff's third and fourth claims for <br />relief do not state a claim upon which relief may be granted; claims three and four are DISMISSED. <br />Defendants' Motion is GRANTED. <br />Done this 10TH day of February, 2011. <br />By the Court: <br />P-Y <br />Robert S. Hyatt <br />District Court Judge <br />3