Quintana v. Edgewater Municipal Court

The plaintiffs brought this action under C.R.C.P. 106(a)(4) to prohibit proceedings in the Edgewater Municipal Court against the plaintiffs for violation of Edgewater’s shoplifting ordinance. The plaintiffs claim the ordinance is invalid because it is in conflict with the theft statute. 1967 Perm. Supp., C.R.S. 1963, 40-5-2. The district court denied relief. We reverse.

The ordinance in question defines shoplifting as wilfully and unlawfully taking possession of any goods, wares or merchandise held for sale by a store with the intention of converting it to the use of the person so taking…