Boulder County Commissioners respond to Colorado Supreme Court’s Decision not to Hear Appeal of Road Case

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For Immediate Release
Dec. 19, 2016

Boulder County Commissioners' Office
Gabi Boerkircher, Communications Specialist

Boulder County Commissioners respond to Colorado Supreme Court’s Decision not to Hear Appeal of Road Case 

Plaintiffs-Appellants (Wibby et al.) v. Boulder County Board of County Commissioners

Boulder County, Colo. -- In June of this year, the Colorado Court of Appeals upheld a district court’s decision that a group of property owners could not sue Boulder County regarding the rehabilitation of subdivision roads. Today, the Colorado Supreme Court denied a request for review of that decision.


In late 2014, a group of unincorporated Boulder County property owners filed a lawsuit in Boulder District Court against the Board of County Commissioners (Wibby et al. v. Boulder County Board of County Commissioners).

The group sought a court order requiring the county to use tax dollars – dollars previously used for other county services – to reconstruct and/or repave local subdivision roads. Boulder County stated that this issue was not appropriate for the Courts. The District Court agreed and dismissed the lawsuit. The property owners appealed the District Court’s decision, sending the case to the Court of Appeals. The Court of Appeals upheld the District Court’s decision in June of this year, and the Property Owners then filed a Petition for Writ of Certiorari (request for the Supreme Court to review lower court decisions) to the Colorado Supreme Court in an effort to reverse the decision.

Boulder County Commissioners’ Statement:

Today, the Colorado Supreme Court denied the plaintiff’s Petition for Writ of Certiorari. This effectively finalizes all decisions from the lower courts, which found in favor of Boulder County.

“We have been confident in our position from the start of this process, and now it is good to have a final decision,” said County Commissioner Deb Gardner. “It has been a long process and we are ready to move forward with finding a solution to repairing subdivision roads.”

A ballot measure brought forth by a separate group of homeowners was narrowly defeated this fall. 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. As always, open dialogue with the community is encouraged to find potential routes forward.

Commissioner Gardner added, “Over the years we’ve tried several approaches to resolving this issue that have not panned out. We don’t know exactly what comes next, but we will continue to work with willing partners in the community to find an approach that works.”

Boulder County Board of Commissioners
Boulder, Colorado

For more information on Boulder County's history with regard to subdivision roads, please visit our Subdivision Paving webpage.