City of Englewood v. Mountain States Telephone & Telegraph Co.

Mr. Justice, Sutton

delivered the opinion of the Court.

This is an action to determine whether the defendant in error’s use, without a city franchise, of the public streets belonging to the City of Englewood is lawful. We shall refer to the parties as the plaintiff or city and the defendant or the company.

The writ of error arises due to the dismissal, on motion for failure to state a claim, by the trial court of a second amended complaint wherein the city sought:(a) A declaratory judgment that defendant has no right or authority to make use of, or to occupy, the streets, alleys or other public…