Boulder: Property Owners Lose Appeal

In December the Colorado Supreme Court denied a request to review the Court of Appeals decision to uphold a district court’s ruling in the Wibby et al. v. Boulder County Board of County Commissioners. In 2014 Chuck Wibby and a group of property owners sued the County over the Commissioners’ decision to require property owners to pay for maintaining local subdivision roads. The County had argued the issue was not appropriate for the courts and now the highest court in Colorado has agreed.

A 2016 ballot measure proposing a countywide property tax mill levy to fund reconstruction of subdivision roads in unincorporated Boulder County and road and bridge projects in municipalities was defeated eight percentage points. The Commissioners argue that the number of residents who voted in favor of the measure proves that there is a desire within the community to find some sort of countywide solution to repairing subdivision roads. Unfortunately, the Commissioners have no idea what solution might be.

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