Board of County Commissioners of the County of Teller v. City of Woodland Park, 2014 CO 35

Three landowners petitioned Woodland Park to annex property in Teller County; the City adopted annexation Ordinances Nos. 1187 and 1188 on August 15, 2013.
The City charter sets ordinance effective dates as seven days after post-passage publication unless a later date is prescribed; the ordinances were published August 28, 2013.
Colorado law requires filing three certified copies of the annexation ordinance and map with the county clerk; the City filed some materials with Teller County on August 28 and additional plats on September 18, 2013; three certified copies were filed January 17, 2014.
Teller County filed motions for reconsideration with the City on September 20, 2013, asserting they were timely under the statute governing judicial review of annexations.
County then filed suit in district court under § 31-12-116 (challenging the annexation); the City moved to dismiss for lack of subject-matter jurisdiction, arguing the County missed the 10-day window for filing a motion for reconsideration.
The district court denied dismissal, concluding the annexation was not effective until the maps were filed (Sept. 18, 2013); the Supreme Court reversed, holding the ordinance effective date controls the 10-day window and the County’s motions were untimely.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 31-12-116’s 10-day precondition for judicial review is measured from the "effective date of the ordinance" or the effective date of the annexation	County: the 10-day period runs from the effective date of the annexation (when required filings/maps are recorded)	City: the 10-day period runs from the ordinance’s effective date (as set by the city charter/publication)	Court held it runs from the effective date of the ordinance, not the later effective date of annexation
Whether County’s motions for reconsideration were timely	County: motions filed Sept. 20, 2013 were timely because annexation didn’t become effective until maps filed Sept. 18, 2013	City: ordinance became effective Sept. 4, 2013 (7 days after publication), so 10-day reconsideration window closed Sept. 16, 2013	Court held County’s Sept. 20 motions were untimely and district court lacked jurisdiction to hear the § 31-12-116 challenge

Vail/Arrowhead, Inc. v. Dist. Court, 954 P.2d 608 (Colo. 1998) (standards for Colorado Supreme Court exercising original jurisdiction)
Centric-Jones Co. v. Hufnagel, 684 P.2d 942 (Colo. 1984) (discretion in taking original proceedings)
A.S. v. People, 312 P.3d 168 (Colo. 2013) (statutory interpretation reviewed de novo)
Robinson v. Colo. State Lottery Div., 179 P.3d 998 (Colo. 2008) (different statutory terms presumed to have different meanings)
Town of Superior v. Midcities Co., 933 P.2d 596 (Colo. 1997) (annexation effects and statutory nature of annexation)
City of Durango v. Reinsberg, 26 P. 820 (Colo. 1891) (municipalities may exercise only powers granted by charter or state law)