Moffat Tunnel Improvement District v. City & County of Denver

Mr. Justice Bouck,

specially concurring.

In the judgment just rendered herein by this court I concur. My concurrence is not to he understood as approving certain expressions in Mr. Justice Holland’s opinion which I think are not necessary to the decision of this case; hence the present concurring- opinion.

The Moffat Tunnel Act (S. L. ’22, c. 2, pp. 88-108 [0. L. ’21, §§9590-9511]) created the Moffat Tunnel Improvement District as. a separate municipal corporation, and established the Moffat Tunnel Commission as the managing and controlling agency of the district. The act also provided for the…