City of Boulder v. Public Service Company of Colorado

Citations

• 2018 CO 59
• 420 P.3d 289

Syllabus

Declaratory Judgment Actions,CRCP 57,CRCP 106,Municipal Ordinances,Finality. This case arises out of respondents' challenge to petitioner city's attempt to create a light and power utility. Respondents assert that the ordinance establishing the utility violates the city's charter. Respondents thus seek a declaratory judgment deeming that ordinance null and void. The city asserted that respondents' complaint was, in reality, an untimely CRCP 106 challenge to a prior ordinance by which the city had concluded that it could meet certain prerequisites for the formation of the utility as prescribed by the city charter. The district court agreed with the city and dismissed respondents' complaint for lack of jurisdiction. A division of the Court of Appeals, however, vacated the district court's judgment, concluding that neither of the pertinent ordinances was final and therefore respondents' complaint was premature. The Supreme Court reversed the division's decision and remanded the case for further proceedings on respondents' declaratory judgment claim. Although the Court agreed with the city that the division erred, contrary to petitioners' position and the premises on which the courts below proceeded, the Court agreed with respondents that the complaint asserted a viable and timely claim seeking a declaration that the ordinance establishing the utility violated the city charter. Accordingly, the Court concluded that the district court had jurisdiction to hear respondents' declaratory judgment claim, and the Court remanded the case to allow that claim to proceed.