Legal Opinion · Dissent

City of Thornton v. Public Utilities Commission

Supreme Court of Colorado

Decided April 13, 1964No. 20911Published

1DissentJustice Frantz

My conviction that the Commission has on its own motion taken unto itself a jurisdiction in certain areas where it has no authority to adjudicate forbids concurrence with the majority of this Court. I would tell, the *437Commission that its self-started and self-appointed assumption of jurisdiction in these areas is an arrogation of authority which compels making the writ absolute.

That the Commission has instituted a bootstrap proceeding becomes obvious upon consideration of the record before us. If its action then is beyond the pale of its power and involves the exercise of judicial or…

2Cases cited10 opinions

  1. Davidson Chevrolet, Inc. v. City & County of DenverSupreme Court of Colorado · 1958
  2. Leonhart v. District CourtSupreme Court of Colorado · 1958
  3. Delco Ice Manufacturing Co. v. Frick Co.Supreme Court of Pennsylvania · 1935
  4. Colorado State Board of Medical Examiners v. District CourtSupreme Court of Colorado · 1958
  5. State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914

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