Douglas County asked the Colorado Supreme Court on Monday to review a Court of Appeals decision that found county commissioners violated the state’s Open Meetings Law during a series of meetings held outside public view.

The county argued the Court of Appeals incorrectly concluded that discussions held during “Advance Planning Meetings” and “Executive Officials Luncheons” constituted public business subject to the Colorado Open Meetings Law (COML).

The dispute stems from a lawsuit filed by Douglas County residents Robert Marshall, Lora Thomas and Julie Gooden, who alleged that a quorum of county commissioners attended meetings that were not properly noticed to the public, were closed to public attendance and were not documented through public minutes.

A Douglas County district court previously ruled in favor of the county and denied the residents’ request for a preliminary injunction. 

The Colorado Court of Appeals reversed that decision earlier this year and sent the case back to the district court for further proceedings.

In its petition to the Colorado Supreme Court, Douglas County argued the appellate court departed from existing Colorado precedent by treating discussions that did not involve formal decision-making as public business under COML.

County officials have maintained throughout the litigation that commissioners did not conduct public business during the meetings at issue and therefore were not required to provide public notice, allow public attendance or keep public records of the discussions.

The county is asking the Supreme Court to reverse the Court of Appeals decision and reinstate the district court’s ruling.

Attorneys for the residents have urged the Supreme Court to reject the county’s request, arguing the appellate court correctly applied established law and that the case should return to district court for additional fact finding.

The Colorado Supreme Court has not yet decided whether it will accept the case for review. If the court declines the petition, the lawsuit will proceed in district court, where a judge will consider whether Douglas County should be enjoined from future Open Meetings Law violations.