J. Lee Browning Belize Trust v. Aspen Mountain Condominium Association et al
ORDER Certifying Matter to the Colorado Attorney General. By Judge Raymond P. Moore on 09/09/2015. (athom, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 13BcvB03519BRMBMJW
J. LEE BROWNING BELIZE TRUST, BY JUDI B. FRANCIS, Trustee,
ASPEN MOUNTAIN CONDOMINIUM ASSOCIATION, INC., a Colorado Corporation,
ORDER CERTIFYING MATTER TO THE COLORADO ATTORNEY GENERAL
In this action, among other things, Plaintiff challenges the constitutionality of certain
provisions in the Colorado Common Interest Ownership Act (“CCIOA”), C.R.S. § 38-33.3-101 et
seq. (ECF No. 33.) By Order dated September 9, 2015 (ECF No. 54), the Court granted
Defendants Barbara J. Kelley, Marcia Waters, and John Hickenlooper’s (the “State Defendants”)
Motion to Dismiss and dismissed the State Defendants from this action. In addition, by Order
dated September 9, 2015 (ECF No. 55), the Court denied Defendant Aspen Mountain
Condominium Association, Inc.’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and
12(b)(6), which sought dismissal of Plaintiff’s claims.
Pursuant to § 2403(b) of Title 28 of the United States Code:
In any action, suit, or proceeding in a court of the United States to which a State or
any agency, officer, or employee thereof is not a party, wherein the
constitutionality of any statute of that State affecting the public interest is drawn in
question, the court shall certify such fact to the attorney general of the State, and
shall permit the State to intervene for presentation of evidence, . . . and for
argument on the question of constitutionality.
Concomitantly, Fed. R. Civ. P. 5.1 provides that “[t]he court must, under 28 U.S.C. § 2403, certify
to the appropriate attorney general that a statute has been questioned.” And, under Fed. R. Civ. P.
24(a), “[o]n timely motion, the court must permit anyone to intervene who: (1) is given an
unconditional right to intervene by a federal statute….”
In this case, as previously stated, Plaintiff challenges the constitutionality of certain
provisions of the CCIOA which affects the public interest. See C.R.S. § 38-33.3-102(1)(a) (“The
general assembly hereby finds, determines, and declares, as follows: (a) That it is in the best
interests of the state and its citizens to establish a clear, comprehensive, and uniform framework
for the creation and operation of common interest communities;….). Upon the dismissal of the
State Defendants from this action, neither the State of Colorado nor any Colorado agency, officer,
or employee is a party to this action. Accordingly, it is
ORDERED that Plaintiff’s challenge to the constitutionality of the Colorado
Common Interest Ownership Act is certified to the Colorado Attorney General; and it is
FURTHER ORDERED that the Clerk of this Court shall forward a copy of this
Order, the Complaint (ECF No. 33), the September 9, 2015 Orders (ECF Nos. 54 and 55),
all certified under seal, to the Colorado Attorney General.
DATED this 9th day of September, 2015.
BY THE COURT:
RAYMOND P. MOORE
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?