Martin v. Dist. Court, 550 P.2d 864 (Colo. 1976). · Go Syfert
Martin v. Dist. Court, 550 P.2d 864 (Colo. 1976). Cases Citing This Book View Copy Cite
118 citation events (31 in the last 25 years) across 5 distinct courts.
Strongest positive: AURORA URBAN RENEWAL AUTHORITY, Corporex Colorado LLC, Fitzsimons Village Metropolitan District No. 1, Fitzsimons Village Metropolitan District No. 2, and Fitzsimons Village Metropolitan District No. 3 v. PK KAISER, in his official capacity as Arapahoe County Assessor and JoAnn Groff, in her official capacity as Colorado State Property Tax Administrator (coloctapp, 2022-01-06)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) AURORA URBAN RENEWAL AUTHORITY, Corporex Colorado LLC, Fitzsimons Village Metropolitan District No. 1, Fitzsimons Village Metropolitan District No. 2, and Fitzsimons Village Metropolitan District No. 3 v. PK KAISER, in his official capacity as Arapahoe County Assessor and JoAnn Groff, in her official capacity as Colorado State Property Tax Administrator (2×)
Colo. Ct. App. · 2022 · confidence medium
Ainscough , 90 P.3d at 854 . ¶ 35 In addition to the two-prong constitutional standing test discussed above, the supreme court in Martin v. District Court , 191 Colo. 107, 109 , 550 P.2d 864, 866 (1976), "established a rule precluding standing when: (1) the agency seeking judicial review is subordinate to the agency whose decision is sought to be reviewed, and (2) no statutory or constitutional provision confers a right on the subordinate agency to seek judicial review of the superior agency's decision." City of Greenwood Village , 3 P.3d at 438 .
discussed Cited as authority (rule) Kowalchik v. Brohl
Colo. Ct. App. · 2012 · confidence medium
See Tomar Dev., 264 P.3d at 653 (when legal issues are matters of first impression, they involve an unresolved question of law). 1 15 Second, for the following reasons, the order involves controlling issues of law: @ The challenged order presents issues of widespread public interest because there are several hundred pending parallel appeals to three separate district courts involving similar if not identical conservation easement tax credit issues, see Adams, 264 P.3d at 646 (identifying whether issue is of widespread public interest as appropriate factor in determining whether there are contr…
examined Cited as authority (rule) Board of County Commissioners v. Colorado Department of Public Health & Environment (4×)
Colo. · 2009 · confidence medium
Id. at 574 (citing Martin, 191 Colo. at 109, 550 P.2d at 866).
examined Cited as authority (rule) Romer v. Board of County Commissioners (9×) also: Cited "see"
Colo. · 1998 · confidence medium
See Maurer v. Young Life, 779 P.2d 1317, 1320 (Colo.1989); Martin v. District Court, 191 Colo. 107, 109 , 550 P.2d 864, 866 (1976) (the " Martin test").
discussed Cited as authority (rule) Romer v. Fountain Sanitation District
Colo. · 1995 · confidence medium
State Dep’t of Personnel v. Colorado State Personnel Bd., 722 P.2d 1012, 1018 (Colo.1986); Denver Urban Renewal Auth., 618 P.2d at 1380 ; Martin v. District Court, 191 Colo. 107, 109 , 550 P.2d 864, 866 (1976); Love, 172 Colo. at 125, 470 P.2d at 862.
discussed Cited "see" City of Greenwood Village v. for the Proposed City of Centennial (2×)
Colo. · 2000 · signal: see · confidence high
See id. at 109 , 550 P.2d at 866 ; see also Maurer, 779 P.2d at 1320 .
discussed Cited "see" Norton v. Gilman (2×)
Colo. · 1997 · signal: see · confidence high
See Martin v. District Court, 191 Colo. 107, 108 , 550 P.2d 864, 865 (1976); see also Rule 2.032A, 9 C.C.R. 2502-1 (1991) (directing the county boards to adopt policies regarding the dismissal of their county directors).
discussed Cited "see" Hernandez v. Woodard (2×)
Colo. Ct. App. · 1993 · signal: see · confidence high
See Martin v. District Court, 191 Colo. 107 , 550 P.2d 864 (1976) (a court of appeals opinion selected for official publication is the law of the state and should be followed until it is reversed or overruled).
examined Cited "see" Wigger v. McKee (4×)
Colo. Ct. App. · 1990 · signal: see · confidence high
Consistent with this statutory language, our appellate courts have held that the county departments of social services are “functional divisions of the State Department of Social Services for the convenient administration of the state program and are not independent entities separate and distinct from the state.” Nadeau v. Merit System Council, 36 Colo.App. 362 , 545 P.2d 1061 (1975); see Martin v. District Court, 191 Colo. 107 , 550 P.2d 864 (1976).
cited Cited "see" Maurer v. Young Life
Colo. · 1989 · signal: see · confidence high
See Martin, 191 Colo, at 109, 550 P.2d at 866 ; Personnel Board, 722 P.2d at 1018-19 ; Runyan, 716 P.2d at 469-70 .
Retrieving the full opinion text from the archive…
Janet Martin
v.
The District Court in and for the County of Montrose and The Honorable Fred Calhoun, one of the Judges of said Court, and Colorado Department of Social Services Merit System Council
No. 27159.
Supreme Court of Colorado.
Jun 7, 1976.
550 P.2d 864
Woodrow, Roushar, Weaver & Withers, Victor T. Roushar, for petitioner., Brooks, Miller & Brooks, John A. Brooks, Ralph E. Miller, for respondents., J. D. MacFarlane, Attorney-General, Jean E. Dubofsky, Deputy, Edward G. Donovan, Solicitor General, Sheila H. Meer, Assistant, for intervenor.
Day.
Cited by 28 opinions  |  Published
MR. JUSTICE DAY

delivered the opinion of the Court.

This is an original proceeding in the nature of prohibition involving the determination of whether a county has standing to obtain judicial review of a state merit system council decision pertaining to the reinstatement of a county director of social services. We issued a rule to show cause why respondent district court should not dismiss the county’s complaint and now make the rule absolute.

Janet Martin (petitioner herein) was dismissed as the director of the county department of social services by the Montrose Board of County Commissioners, acting in its capacity as the county board of social services (hereinafter county board) under section 26-1-116, C.R.S. 1973.

Petitioner appealed to the merit system council of the state department of social services pursuant to section 26-1-120(5)(g), C.R.S. 1973. The council (intervenor herein) ordered her reinstatement with benefits and back pay.

[*109] The county board thereafter filed a complaint in district court seeking judicial review of that decision, naming both petitioner and intervenor as defendants. The latter filed a motion to dismiss premised upon the county board’s lack of standing and the district court’s concomitant lack of subject matter jurisdiction. The court’s denial of the motion forms the basis of this original proceeding.

This case falls squarely within the rule enunciated by the court of appeals in Nadeau v. Merit System Council, 36 Colo. App. 362, 545 P.2d 1061 (1975); cert. denied (March 1, 1976). While denial of certiorari does not necessarily indicate approval by this court of a court of appeals’ opinion, we perceive no conflict between Nadeau and any of our decisions. In view of the fact that the case was selected for official publication, it had a precedential effect, and as the law of the state it was binding on the district court and should have been followed. See C.A.R. 35(f).

In Nadeau, the court of appeals held that a county department of social services is not an adversely affected or aggrieved “party” empowered to bring an action for judicial review of an agency action within the meaning of section 24-4-106(4), C.R.S. 1973. We now expressly adopt the reasoning of that opinion and extend it to include county boards of social services as well as county departments. We would also add the following observations:

The county board is set up as a subordinate agency or arm of the state. Sections 26-1-116 and 26-1-118, C.R.S. 1973. It is bound by, inter alia, the fiscal and personnel rules set up by the state board of social services. Section 26-1-108(1)(c)(IV) and (2), C.R.S. 1973; see Evert v. Ouren, 37 Colo. App. 402, 549 P.2d 791 (No. 75-399 announced March 4, 1976); cert. denied (May 17, 1976). Petitioner, while appointed by the county board, is subject to the policies, rules and regulations of the state department. Section 26-1-117(1), C.R.S. 1973. Significantly, section 26-1-122, C.R.S. 1973 provides that counties are reimbursed eighty percent of the administrative costs (including staff salaries) of their programs provided that state rules are complied with.

In the absence of an express statutory right, a subordinate state agency (the county board) lacks standing or any other legal authority to obtain judicial review of an action of a superior state agency (the merit system council). Nadeau, supra; see Board of County Commissioners v. State Board of Social Services, 186 Colo. 435, 528 P.2d 244 (1974); and Board of County Commissioners v. Love, 172 Colo. 121, 470 P.2d 861 (1970). Our present holding in no way should be construed to affect the rights of aggrieved employees to obtain judicial review of personnel determinations made by the merit system council.

We make the rule absolute and hereby order the district court to dismiss the complaint which forms the basis of this proceeding.