Sronce v. City & County of Denver

I dissent from the decision and the majority opinion herein.

This court has at various times taken advanced ground by “cutting red tape,” in other words, by looking squarely at the substance of things and refusing to be bound by empty forms or by mere technicalities raised on behalf of one or the other party to an action.

In the majority opinion, however, one beholds a startling instance of the reverse process. Indeed, the court here actually lets technicalities of its own creation crowd out the merits of a controversy brought to it with earnestness and in good faith.

Both the plaintiff City and…