Won a dealer dispute for GM in Colorado Court of Appeals.
West Colorado Motors v. General Motors
(Colo. Ct. App. 2016)
The Colorado Court of Appeals unanimously affirmed the district court’s dismissal order in which the plaintiff alleged Wheeler Trigg O’Donnell’s client, General Motors (GM), unreasonably approved the relocation of one of its dealerships.
In 2014, GM provided the plaintiff the appropriate 60 days’ notice to relocate its dealership. Plaintiff responded alleging that the “relocation of its dealership would result in a loss of sales and market shares as well as service opportunity.”
Later in 2014, the plaintiff filled a complaint in Denver District Court alleging two claims of relief. Both claims were dismissed by the lower court and then affirmed by the Court of Appeals. This decision will have a major impact on the scope and interpretation of final agency action taken by Colorado’s administrative bodies.