Legal Opinion

City and County of Denver v. State

Supreme Court of Colorado

Decided March 12, 1990No. 89SA60PublishedCited by 55 opinions

1Opinion of the CourtJustice Mullarkey

This is an appeal from a summary judgment and permanent injunction issued in the Denver District Court finding unconstitutional section 8-2-120, 3B C.R.S. (1989 Supp.), which forbids municipalities, with few exceptions, from adopting residency requirements for municipal employees. The court permanently enjoined the state from enforcing section 8-2-120 against the appellees, the City and County of Denver, and the City of Durango, finding that it violated Article XX, Section 6(a) of the Colorado Constitution by improperly interfering with the power of home rule municipalities to determine…

2Cases cited25 opinions

  1. Shapiro v. ThompsonSupreme Court of the United States · 1969
  2. McCarthy v. Philadelphia Civil Service CommissionSupreme Court of the United States · 1976
  3. City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
  4. Kennedy v. City of NewarkSupreme Court of New Jersey · 1959
  5. Ector v. City of TorranceCalifornia Supreme Court · 1973

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3Cited by55 opinions

  1. Brown v. City And County OfCourt of Appeals for the Tenth Circuit · 2000
  2. Town of Telluride v. Lot Thirty-Four Venture, L.L.C.Supreme Court of Colorado · 2000
  3. Walgreen Co. v. CharnesSupreme Court of Colorado · 1991
  4. R.E.N. v. City of Colorado SpringsSupreme Court of Colorado · 1992
  5. City of Colorado Springs v. SecurCare Self Storage, Inc.Supreme Court of Colorado · 2000

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