Briefs: court

By Katherine Nettles

Gottorff appeal against Gunnison County denied

The Colorado Court of Appeals has upheld the 2023 decision of Gunnison District Court in an appeal by David Gottorff regarding the case between him and Gunnison County. Filed January 30, the higher court affirmed the district court ruling which denied Gottorff’s motion for relief from several of the court’s previous orders in favor of the plaintiff, Gunnison County commissioners. The litigation began in 2021 when the county filed suit against Gottorff, alleging that his property near Irwin violated the county’s on-site wastewater treatment system (OWTS) and building codes because of inadequate sewage treatment infrastructure. Gottorff counterclaimed that applying the county’s codes to his property would amount to an unconstitutional taking. The court ultimately ruled that Gottorff’s property violated the county’s OWTS and building codes, and awarded costs to the county. 

In September 2023, Gottorff filed a motion seeking relief from the court’s order on remedies, order on costs and order for entry of judgment based on excusable neglect. According to the court document, “He argued that he would have timely appealed these orders but failed to do so because he hadn’t timely received them.”

The Colorado Court of Appeals ruled last month that it did not see any “abuse of discretion” in the court’s order denying Gottorff’s motion, dismissing his motion for relief.