Chapter 3 - § 3.11 • CHALLENGES TO PUD ENABLING ORDINANCE

• Jurisdiction: Colorado

§ 3.11 • CHALLENGES TO PUD ENABLING ORDINANCE

See Introduction, "Judicial Review of Legislative Acts."

A PUD enabling ordinance is a legislative enactment, rather than a quasi-judicial decision. Therefore, a facial challenge to an enabling ordinance must be brought in district court as a declaratory judgment action under C.R.C.P. 57. The party claiming the invalidity of a rezoning ordinance has the burden of establishing its invalidity "beyond a reasonable doubt."⁵⁹ Facial challenges to the constitutionality and validity of a PUD enabling ordinance are far less common than attacks on a governing entity's application of a PUD...