Glaser v. LeBusAnnotate this Case
Defendant-Appellee the Village of Angel Fire (the Village) held an election to determine whether a public improvement district (PID) should be formed within its boundaries, after supporters of the PID petitioned the Village to do so. The requisite majority of eligible voters approved formation of the PID. Plaintiffs-Appellants Ron Glaser and his wife, Theresa Cull, Cheryl Host and several others, owners of real property located in Angel Fire, filed suit in district court, seeking a declaration that the PID formation election was procedurally defective and therefore void, that the PID lacked legal existence, and that a special levy approved and assessed by the PID was invalid. The district court dismissed Appellants' complaint as untimely, and Appellants sought review by the Court of Appeals. The Court of Appeals determined that Appellants’ complaint presented an election contest, which was subject to a thirty-day statute of limitations under the Election Code. The Court further determined that because Appellants waited more than one year to file suit, their complaint was time-barred. After thoroughly analyzing these issues, however, the Court of Appeals ultimately concluded that it lacked jurisdiction and transferred the appeal to the Supreme Court, pursuant to the Election Code’s directive that appeals in election contest proceedings should be made directly to the Supreme Court. Upon review, the Supreme Court adopted the appellate court's reasoning for dismissing Appellants' case.