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