A Douglas County judge on Tuesday ruled that the county’s “home rule” election next month may go on as planned, ruling in a lawsuit filed by three residents claiming the commissioners violated open meetings laws.

Douglas County District Judge Robert Raymond Lung said there is no sufficient evidence to cancel or delay the June 24 special election that seeks to establish a home rule charter committee.

“Given that an election is likely to occur at some point, an injunction to delay that vote would cause county taxpayers additional costs, create confusion for the voting public and generally disserve the public interest,” Lung concluded in his ruling.

In April, former Douglas County Commissioner Lora Thomas, a Republican, House District 43 Rep. Bob Marshall, a Democrat, and Julie Gooden, a Douglas County resident and unaffiliated voter, filed the lawsuit against the three Douglas County commissioners.

Attorneys from Zansberg Beylkin law firm represent the plaintiffs, who claimed that commissioners engaged in more than a dozen meetings since December that violated the Colorado Sunshine Act law. The lawsuit asserted the county officials held unlawful public meetings by either discussing policy in private or not providing enough prior public notice.

“During these meetings the Commissioners not only discussed public business, they made unlawful decisions, of great import to and impact on the citizens of Douglas County,” the lawsuit said.

The lawsuit seeks to forfeit two resolutions for residents to establish a $500,000 special election, in which voters will decide the county’s home rule status. Plaintiffs argued the county approved the resolutions in a March 25 meeting that violated the open meetings law.

The law outlines what constitutes an open meeting: If a quorum or three or more members of a body discusses public business or potentially takes a formal action, it must be open to the public.

A 24-hour notice to the public is required if the body might adopt a policy, take a formal action or when a majority or quorum is attending or is expected to attend the meeting.

In response to the judge’s decision, the plaintiffs said they are “disappointed” with the ruling.

“The commissioners prevented the court from considering multiple critical pieces of evidence which will be available for consideration at trial,” the plaintiffs said.

“As this case continues,” the plaintiffs added, “we will explore all of our legal options pertaining to today’s ruling, which in no way diminishes our resolve to see that all the factual evidence in this case is publicly presented.”

The county commissioners said the ruling supports the voters’ right to choose.

In a news release, Douglas County Commissioner Chair Abe Laydon called the judge’s decision a “victory” and a “testament to an unwavering commitment to democracy and justice.” 

“As we move forward,” Laydon said, “the Board of County Commissioners pledges to remain vigilant in defending our citizens’ rights and ensuring that their voices are heard.”

Douglas County is seeking to establishing home rule, officials said, as it gives commissioners and the county more local control. 

Attorney Steven D. Zansberg represents The Denver Gazette and the Clarity Media family of newspapers.