Legal Opinion · Dissent

Community Tele-Communications, Inc. v. Heather Corp.

Supreme Court of Colorado

Decided February 21, 1984No. 81SC371Published

1DissentDubofsky, Justice

I respectfully dissent. Because I believe that the framers of Article X, § 1 of the Cortez City Charter and of Article XX, § 4 of the Colorado Constitution could not have intended to require a vote by the electorate before granting a cable television company the right to use the public streets, I would reverse the judgment of the court of appeals. While such grants may be labeled franchises, I believe the vote requirement was intended only to apply to grants of franchises to public utilities.

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2Cases cited20 opinions

  1. Shelton v. TuckerSupreme Court of the United States · 1960
  2. Parker v. BrownSupreme Court of the United States · 1943
  3. Heffron v. International Society for Krishna Consciousness, Inc.Supreme Court of the United States · 1981
  4. Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
  5. Bank of Augusta v. EarleSupreme Court of the United States · 1839

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