Legal Opinion
City of Aurora v. Martin
Supreme Court of Colorado
Decided March 5, 1973No. C-224PublishedCited by 31 opinions
1Opinion of the CourtJustice Groves
The respondent Marion Martin was convicted in the Aurora Municipal Court of violating the City of Aurora’s assault and battery ordinance. On appeal to the district court the conviction was reversed on the grounds that: (1) assault and battery is a matter of state-wide concern; and (2) the municipal ordinance was pre-empted by enactment of the state assault and battery statute. We view the matter differently.
Aurora is a home rule city under Colo. Const, art. XX. The city’s assault and battery ordinance reads as follows:
“An assault and battery is an unlawful beating of another. It shall be…
2Cases cited7 opinions
- Ray v. DenverSupreme Court of Colorado · 1942
- Davis v. City and County of DenverSupreme Court of Colorado · 1959
- Vela v. PeopleSupreme Court of Colorado · 1971
- Woolverton v. City and County of DenverSupreme Court of Colorado · 1961
- Bennion v. City and County of DenverSupreme Court of Colorado · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Board of County Commissioners v. Bowen/Edwards Associates, Inc.Supreme Court of Colorado · 1992
- Denver Urban Renewal Authority v. ByrneSupreme Court of Colorado · 1980
- Community Communications Company, Inc. v. City of Boulder, ColoradoCourt of Appeals for the Tenth Circuit · 1981
- R.E.N. v. City of Colorado SpringsSupreme Court of Colorado · 1992
- C & M Sand & Gravel, Division of C & M Ready Mix Concrete Co. of Boulder v. Board of County CommissionersColorado Court of Appeals · 1983
26 more not listed; retrieve them via the Exa API.