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When a municipal body is acting in a quasi-legislative rather than a quasi-judicial capacity, there is no constitutional requirement for notice and a hearing.
This appeal stemmed from a petition to organize a metropolitan district encompassing a tract of land situated entirely within a home rule city. After passage of a resolution approving the initial petition, the opponents filed suit against the city and the city council challenging the approval of the petition and the constitutionality of certain provisions of the Special District Act, Colo. Rev. Stat. § 32-1-101 -1307. The trial court dismissed the action based on its findings that the city council's action was quasi-legislative and that, therefore, no procedural due process violation existed. The opponents appealed.
Was Lakewood City Council's action quasi-legislative, hence, the opponents' C.R.C.P. 106(a)(4) action was properly dismissed?
The appeals court concluded that the city council made a political decision as to whether the city would perform certain services or would give its initial approval to the creation of a metropolitan district to perform such services. The court noted that the city council's action did not involve a determination of the rights, duties, or specific individuals. Thus, the court ruled that the city council's action in approving the initial petition was legislative in nature and that the opponents were not entitled to certiorari review pursuant to Colo. R. Civ. P. 106(a)(4).