C. Court review of administrative decision.

Enforcement by Injunction. Colo. Rev. Stat. § 24-6-402(9) provides that upon the application of "any citizen" of the State of Colorado, an injunction may be issued by any court of record to enforce the purposes of the Sunshine Law. See Bagby v. School District No. 1, 186 Colo. 428, 528 P.2d 1299 (1974).

A person who desires to require a public body to hold open or public meetings or hearings should apply to the district court of the district where the public body meets for an injunction pursuant to Colo. Rev. Stat. § 24-6-402(9) and Colo. R. Civ. P. 65. See, e.g., Benson v. McCormick, 195 Colo. 381, 578 P.2d 651 (1978); Associated Students v. Regents of University of Colorado, 189 Colo. 482, 543 P.2d 59 (1975). The injunction should be sought to order the public body to cease and desist holding further closed meetings or executive sessions to the exclusion of the public.

Procedure for Injunctive Relief:

Temporary Restraining Order. A person denied access to a meeting may be granted a temporary restraining order (TRO) without written or oral notice to the adverse party only if: (1) it clearly appears from specific facts shown by affidavit, verified complaints, or testimony that immediate and irreparable injury will result to the applicant before the adverse party can be heard; and (2) the applicant's attorney certifies the efforts made to give notice and the reasons supporting the claim that notice is not required. Colo. R. Civ. P. 65(b).

TROs may not exceed 10 days, and a motion for preliminary injunction shall be set for hearing at the earliest possible time and take precedence over all matters except similar older matters.

In general, a TRO should only be sought to restrain a public body from closing a single meeting.

However, a court has no authority to issue a TRO or order enjoining an administrative board or agency from holding a scheduled hearing altogether, Banking Board v. District Court, 177 Colo. 77, 492 P.2d 837 (1972).

Preliminary Injunction.

Upon notice to the adverse party, a person may seek a preliminary injunction restraining a public body from meeting in closed session. Colo. R. Civ. P. 65(a)(1).

The court may order a hearing on an application for a preliminary injunction consolidated with the trial on the merits. Colo. R. Civ. P. 65(a)(2).

Mandatory Injunction. If merely restraining a public body from meeting in secret will not grant effective relief, the court may make the injunction mandatory and order all subsequent meetings to be open to the public. See Colo. R. Civ. P. 65(f).

Bond for Costs. Any party seeking a TRO or injunction may be required to give security pursuant to Colo. R. Civ. P. 65(c), which may be in the form of a cash bond, surety bond, property bond, or letter of credit. See Colo. R. Civ. P. 121 § 1-23.