Court of Appeals Upholds Lower Court’s Decision on MMHI

Oct 18th @ 6:32 pm in News by Scott Staley

Late this afternoon the Colorado Court of Appeals upheld Judge Herron’s ruling on the Hospital lease to MMHI.  The court felt that they did not wish to 2nd guess the trial court’s findings concerning the hospital’s board of trustees  compliance with open meetings laws.  The Court of Appeals went on to say that the hospital could in fact lease cash as part of its statutory authority to lease the hospital.  They did not address the County’s argument that the Trustees inappropriately transferred its governance obligations of a public hospital to a private, non-profit entity.  Needless to say the Board of County Commissioners are disappointed in the court’s ruling and felt that the Court of Appeals avoided the issue regarding the change of governance of the hospital  from a public asset to a private, non-profit corporation.  While disappointed in the Court’s ruling, the Commissioners respect the Appeals Court decision and continue to be willing to work with the Hospital Board of Directors as well as the Hospital Board of Trustees to ensure the availability of first rate medical care for the public and protection of a valuable County public asset.