Healey v. City & County of Denver

KELLY, Judge.

The City and County of Denver, its Manager of Safety, and the Chief of the Fire Department, appeal the judgment of the trial court granting relief in the nature of mandamus to the plaintiffs, each of whom sought promotion to a position as assistant chief on the Denver Fire Department. The appellants contend, among other things, that the trial court erred in mandating the performance of a discretionary act. We agree, and therefore reverse.

The trial court found that on May 19, 1975, pursuant to the request of the Manager of Safety, the Denver Civil Service Commission conducted an…