Opinion
No. 22270
Decided April 21, 1966.
Petition for clarification of jurisdiction for appellate purposes with reference to school bond election contest.
Petition Granted.
1. SCHOOLS AND SCHOOL DISTRICTS. — Forum — Trial — School Election Contests — Statutes. Under present statutes, the proper forum for trial of school election contests is the county court.
2. APPEAL AND ERROR. — County Court — Judgment — School Bond Election — Review. The proper procedure to obtain review of a county court judgment in school bond election contest is by writ of error to the Supreme Court.
Petition for Clarification of Jurisdiction for Appellate Purposes.
Albert B. Dawkins, Robert E. Holland and Richard D. Gilson, for plaintiffs in error.
John W. Lentz, Raymond J. Cody, for defendants in error.
The matter before us concerns the question of whether this Court has the jurisdiction to review upon writ of error the judgment of the county court of Gilpin County in a school bond election contest, or whether appellate review of this judgment must be had first in the District Court of Gilpin County. We hold that the proper place to seek review of such judgment is in this Court.
We have recently held that the proper forum for trial of school election contests is the county court under present statutes. Rowland v. Theobald, et al., 159 Colo. 1, 409 P.2d 272. Theobald v. District Court, 159 Colo. 7, 409 P.2d 274.
It is true that Section 36 (1), Chapter 45, Session Laws of Colorado 1964, provides that appeals from county courts shall be taken to the district courts. This is a statute general in nature.
The statutes relating to school bond elections provide that the practice and procedure for contested elections for county officers shall apply to school bond election contests insofar as applicable. Contests for county officers are tried in the District Court with appellate review by writ of error to this Court. There is one trial and one appeal. We hold that there has been created by the applicable statutes a specific exception to the general statute with regard to review of county court judgments in the case of school bond election contests.
The proper procedure to obtain review of such county court judgments is by writ of error to this Court.