Legal Opinion · Dissent
Regional Transportation District v. Colorado Department of Labor & Employment, Division of Labor
Supreme Court of Colorado
Decided May 26, 1992No. 91SA393Published
1DissentJustice Vollack
The majority concludes that sections 8-3-112(2) and 8-3-113(3), 3B C.R.S. (1986), are constitutional under Colorado Constitution article V, section 35, and do not unconstitutionally delegate legislative authority because the Regional Transportation District (RTD) is not a municipality. Maj. op. at 949. I disagree. In City of Durango v. Durango Transportation, Inc., 807 P.2d 1152 (Colo.1991), this court adopted the “function approach” to determine whether a governmental entity is a municipality under article V, section 35. Under the function approach, RTD is clearly within the meaning of…
2Cases cited5 opinions
- Town of Holyoke v. SmithSupreme Court of Colorado · 1924
- Greeley Police Union v. City Council of GreeleySupreme Court of Colorado · 1976
- Amalgamated Transit Union International, Afl-Cio v. Raymond J. Donovan, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1985
- City of Durango v. Durango Transportation, Inc.Supreme Court of Colorado · 1991
- Munson v. City of Colorado SpringsSupreme Court of Colorado · 1906