City and County of Denver, a Home Rule municipal corporation of the State of Colorado; and John W. Hickenlooper, as Mayor of the City and County of Denver, Plaintiffs v. State of Colorado; and Bill Owens, in his official capacity as Governor of the State of Colorado, Defendants

Share |
Year Case Filed:  2004 Jurisdiction Level:  Colorado Case File Num:  05-CA-000149 Defense Attorney:  John W. Suthers, Attorney General and Stephen G. Smith, Assistant Attorney General
Summary: In 2004, the Colorado General Assembly passed changes to the state's dangerous dog laws; part of the law prohibited municipalities from adopting any breed-specific dog laws. Denver previously enacted an ordinance that regulated dogs by breed (Section 8-55). In this current action, the City instituted an action seeking declaratory judgment that Section 8-55 preempts the state law under the Home Rule Amendment. The court found that the regulation of dogs by breed on an intra-city basis was purely a matter of local concern, and thus fell under Home Rule authority. The state was permanently enjoined from taking any action against Denver based on the language of the amended state law. The state then filed a notice of appeal, but subsequently withdrew it.
Documents:  pbuscodenver_state_appealdismissal.pdf pbuscodenver_state_motiondismiss.pdf pbuscodenver_state_order.pdf

 

 

 

 

Share |