The Douglas County Board of Commissioners is challenging a recent court decision that found the board violated Colorado Open Meetings Law.

County commissioners filed a petition Thursday seeking a rehearing from the Colorado Court of Appeals. On April 2, the appellate court ruled that a trial court erred in rejecting a preliminary injunction that would have halted a Home Rule special election and prohibited the BOCC from further violating COML.

The appellate court decision also found that a series of meetings held by the Board of County Commissioners were subject to — and violated — COML.

Attorneys for the board argued the issue before the appellate court concerned the trial court’s decision to reject a preliminary injunction based on the merits of the case.

In ruling that the BOCC violated COML, attorneys argued the appellate court overstepped its authority, asserting the court did not have the authority to determine whether the meetings broke the law.

“This court, as an intermediate appellate court, does not make factual findings. Rather, its role is to pronounce the law,” attorneys said in the petition.

The appellate court directed the case back to trial court to determine whether the BOCC has continued to violate the law. However, attorneys argued that the appellate court’s findings of violations “threatens to deny Douglas County a full opportunity to defend against plaintiffs’ claim on the merits and prevent the district court from holding the full scope of proceedings necessary to resolve this case.”

“Without modification, these conclusions appear to establish, either expressly or by implication, a decision on the merits that Douglas County has violated the OML. This is improper,” attorneys stated in the petition.

The BOCC requested the appellate court modify its opinion “to reflect that the statements identified are merely assessments… and are not intended to prejudice Douglas County’s ability to further develop the record on the merits.”

According to court documents, both plaintiffs and defendants filed a joint motion halting further proceedings until the appellate process is complete.

On April 9, the BOCC began being represented by attorneys from Womble Bond Dickinson (UK) LLP. The county was previously represented by in-house attorneys.

“A petition for rehearing is a process allowed under court rules that permits the court to revise or clarify aspects of a decision,” the BOCC said in a statement.