Bernzen v. City of Boulder

This appeal challenges the judgment of the Boulder County District Court which permanently enjoined an election for the recall of two city councilmen, Penfield Tate and Timothy Fuller, because of the insufficiency of the petitions for recall certified by the City Clerk of Boulder on May 2, 1974. The judgment also held, in the event an election were to be held, that both councilmen could run as candidates to succeed themselves in the same election in the event they were recalled.

Thus, two issues arise out of the controversy: 1. Whether *84the petitions for recall are sufficient under the Boulder…