The Colorado Court of Appeals on Thursday ruled that meetings held by Douglas County commissioners during which they discussed county business were subject to the state’s open meetings law and should have been open to the public.
The ruling stems from an April 2025 lawsuit brought by former Commissioner Lora Thomas, Democratic state Rep. Bob Marshall, who represents Highlands Ranch, and Julie Gooden, an unaffiliated Douglas County voter, against the county.
The trio in their complaint alleged that the commissioners held 13 meetings between Dec. 17, 2024, and April 14, 2025, “to discuss public business without providing notice of such meetings, and without permitting the public to observe those discussions.”
They alleged the meetings included discussions about an upcoming June 2025 special election on the county adopting a home rule charter.
The trio wanted that election halted, but a Douglas County district judge declined to do so, saying he didn’t see evidence that the commissioners had violated open meetings law. Voters overwhelmingly defeated the measure on June 24, 2025.
The appellate court on Thursday disagreed with the lower court’s ruling, saying the county attorney made a presentation in one of the meetings that “included information about what a home rule county is, the advantages and disadvantages of Douglas County becoming one, the process by which a home rule charter is established, and what Douglas County could do if the voters approved the proposed home rule charter.”
The court also ruled that the commissioners improperly conducted closed-door executive sessions during that time because they “included extensive discussion about the home rule charter,” and thus were also subject to the open meetings law.
The plaintiffs released a joint statement Thursday saying that “from the beginning, this case has been about a simple but fundamental principle: the public’s business must be conducted in public.”
“We are hopeful that the county commissioners will now heed the courtap ruling and cease and desist from meeting behind closed doors, and with no public notice, to do the people’s business,” they wrote.
Douglas County indicated on Thursday that the issue may not be over. In a , the county said that the “appellate court held that the trial court did not adequately make all the required findings.”
“The appellate court has ordered that the parties have another hearing where the trial court can hear additional evidence,” the statement read.
Douglas County is considering whether to return to the lower court for further review or take the case to the Colorado Supreme Court.
