Colorado Open Meetings Lawsuit

Douglas County values transparent, efficient government and public accountability. That’s why the Board of Douglas County Commissioners is seeking legal clarity regarding a recent interpretation and application of Colorado’s Open Meetings Law by the Colorado Court of Appeals.

In April 2025, three plaintiffs filed legal action against the Board of Douglas County Commissioners, alleging open meetings violations. While the Trial Court found no evidence that Douglas County violated open meetings laws, a novel appellate court ruling reversed that decision, resulting in new standards for open meetings in Douglas County that are causing confusion for local governments.

For clarity, the Board of Douglas County Commissioners is petitioning the Colorado Supreme Court for review.

Background on the Case

Litigation on this issue began in April 2025 when three plaintiffs filed legal action against the Board of Douglas County Commissioners.

April 22, 2025

State Rep. Bob Marshall and Douglas County residents Lora Thomas and Julie Gooden filed legal action against the Board of Douglas County Commissioners, seeking to halt the Home Rule special election. They moved for a temporary restraining order, which the judge did not grant.

May 2025

The Trial Court Judge denied a preliminary injunction seeking to halt the election while Plaintiffs’ legal action is pursued.

June 8, 2025

The Trial Court denied the Plaintiffs’ motion for entry of injunction pending appeal. The Court found Plaintiff’s request to stop the County’s Home Rule election moot and granted no injunction in the matter.

June 25, 2025

Home Rule Special Election

April 2, 2026

The Colorado Court of Appeals reversed the Trial Court’s decision. The appellate court misapplied the law. It concluded that the Trial Court misunderstood the meaning of “public business” under the law, interpreted that phrase, and ordered that the parties have another hearing where the Trial Court uses this new definition.

May 2026

Douglas County moved the appellate court to publish the decision. The request was denied.

Frequently Asked Questions

What is Colorado’s Open Meeting Law?

Sometimes referred to as “Sunshine Laws,” Colorado’s Open Meeting Law is a Colorado statute that requires public meetings in certain circumstances.

What is an executive session?

A governing body may discuss certain matters in non-public meetings, called executive sessions. Such matters may include getting legal advice or matters subject to negotiation.

Why is the County petitioning the Supreme Court?

The Board’s decision to petition the Colorado Supreme Court for review is about upholding the public’s right to open government while ensuring clear and consistent legal guidance for local governments across Colorado as to when the law applies. The unpublished appellate court decision holds Douglas County to a different set of rules, creating confusion for Douglas County and local governments statewide. Douglas County is asking the Supreme Court for clarity so stakeholders statewide know what to expect from their local governments.

How much is this costing the County?

The Board has hired outside legal counsel at a rate between $495-$700 per hour. The legal questions at stake could affect governance across Colorado for years to come, and the County has a responsibility to ensure it receives experienced legal representation on matters with long-term implications.

Without clear legal standards, local governments across Colorado could face increased litigation, inconsistent interpretations and operational uncertainty. Clarifying the law now may reduce future legal disputes and taxpayer costs over time.

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