Colorado’s second-highest court Thursday ordered a judge to hold a hearing in the case of a “homeless and penniless” activist who sued a state agency that wanted to charge him $600 for copies of ketamine waivers.
Denver District Court Judge Kandace Gerdes last year dismissed Frank Sturgell’s Colorado Open Records Act lawsuit against the Department of Public Health and Environment without convening a hearing, ruling he did not have legal standing to bring his claims because he hadn’t “alleged personal injury.”
But the Court of Appeals disagreed, writing in an opinion that the district court “did not explain the rationale for its conclusion.”