In re Constitutionality of Substitute for Senate Bill No. 83
Supreme Court of Colorado
Original Proceeding. The opinion of the court as to the constitutionality of the foregoing bill is in response to the following preamble and resolution: “ Whereas, there has been introduced into the senate of the tenth general assembly substitute for senate bill No. 83, which bill has passed the senate and is now before the house of representatives for consideration, entitled, ‘A Bill for an Act Providing for the Belief and Appropriating Money for the Benedictine Sisters of…
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Original Proceeding. The opinion of the court as to the constitutionality of the foregoing bill is in response to the following preamble and resolution: “ Whereas, there has been introduced into the senate of the tenth general assembly substitute for senate bill No. 83, which bill has passed the senate and is now before the house of representatives for consideration, entitled, ‘A Bill for an Act Providing for the Belief and Appropriating Money for the Benedictine Sisters of Colorado for Damages Claimed to Have Been Done to their Building in the Town of Canon City, Fremont County, Colorado,…
1Per curiam
After as careful and full an investigation as we have been able to give, we answer that none of the provisions of the constitution referred to will be violated by the enactment into law of the bill in question. We recognize the doctrine that, without constitutional or legislative authority, the state in its sovereign' capacity cannot be sued. No such authority exists in this state. This being so, no liability upon contract or tort, if any there be, can be enforced against the state in any of its courts.
But section 15 of article 2 of the constitution provides that private property shall not be…
2Cited by20 opinions
- Bertrand v. Board of County Commissioners of Park CountySupreme Court of Colorado · 1994
- Bloomer v. Board of County CommissionersSupreme Court of Colorado · 1990
- Evans v. Board of County CommissionersSupreme Court of Colorado · 1971
- Hollister v. StateIdaho Supreme Court · 1903
- Pensioners Protective Ass'n v. DavisSupreme Court of Colorado · 1944
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