Legal Opinion · Concurrence

Public Utilities Commission v. City of Durango

Supreme Court of Colorado

Decided May 11, 1970No. 24067Published

1ConcurrenceJustice Kelley

specially concurring.

I concur in the opinion of Mr. Justice Pringle. However, in view of the dissenting opinion of Mr. Justice Groves, I feel compelled to add my personal views.

I might agree with the dissent but for Article XXV of the Colorado Constitution, which I cannot ignore. We are not here concerned with the impairment of a contract. We are concerned with delegated constitutional power: the “power to regulate the facilities, service and rates” of public utilities, “wheresoever situate or operating within the State of Colorado, whether within or without a home rule city * *

The contract…

2Cases cited2 opinions

  1. People Ex Rel. Public Utilities Commission v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1952
  2. Zelinger v. Public Service Company of ColoradoSupreme Court of Colorado · 1967

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