City of Wheat Ridge v. Cerveny

The majority interprets a clause within article X, section 20(1), of the Colorado Constitution to mean that plaintiffs who prevail in individual or class action enforcement suits with respect to the provisions of that section are not mandatorily entitled to reasonable attorney fees. Maj. op. at 1115. Instead, the majority concludes that the award of such fees to successful plaintiffs is discretionary with the trial court. Id. The majority therefore reverses the judgment of the Colorado Court of Appeals, which arrived at a contrary conclusion. See Cerveny v. City of Wheat Ridge, 888 P.2d 339,…