People Ex Rel. Dunbar v. Giordano

The State, as the plaintiff in the trial court, sought to enjoin the defendants from operating a public bathing facility in violation of sanitary regulations promulgated by the Colorado Department of Health. These regulations were adopted in January 1967 pursuant to C.R.S. 1963, 66-1-7(1) (14). The trial court found that the defendants had not complied with these regulations, and that the regulations as minimum standards were not unreasonable. The trial court, however, entered judgment in favor of the defendants on the basis of its ruling that the statute is unconstitutional because it…