Any applicant appearing before a local body requesting a decision of that local body when acting within the scope of its powers, is entitled to receive due process of law.
Due process is guaranteed by the United States Constitution.
A similar provision exists in the Colorado Constitution at Article II, Section 25. No person shall be deprived of life, liberty or property without due process of law. In the land use context, because property rights are at issue, the provisions of each of the constitutional sections cited above, together with 42 U.S.C. 1983, are applicable. The level of due process which is required to be afforded depends upon whether the action of the governing body is legislative or quasi-judicial in nature. The Colorado Supreme Court, in the case of Cherry Hills Resort Development Company v. City of.