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eBook details

• Title: Colorado Dog Fanciers Inc. V. City And County Of Denver
• Author : Colorado Supreme Court
• Release Date : January 12, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 80 KB

Description

The plaintiffs, dog owners and related canine and humane associations (dog owners), filed a complaint in the Denver District Court against the defendant, City and County of Denver (city), seeking both a declaratory judgment on the constitutionality of the "Pit Bulls Prohibited" ordinance, Denver, Colo., Rev. Mun. Code § 8-55 (1989), and injunctive relief to prevent enforcement. The dog  owners also requested damages under 42 U.S.C. § 1983 (1988) and attorneys' fees and costs. This appeal is taken from the district court's order which held that section 8-55, as construed by the court, was constitutional. The order also denied the dog owners an injunction to prevent enforcement of the ordinance, denied the dog owners' motion for attorneys' fees and costs, and dismissed the section 1983 actions with prejudice. Colorado Dog Fanciers v. City & County of Denver, Nos. 89CV11714 & 89CV12348 (Denver Dist. Ct. June 28, 1990). On appeal, the dog owners contend that section 8-55 is unconstitutional. On cross-appeal, the city contends that section 8-55 is constitutional as enacted and that the trial court erred in judicially modifying the ordinance. Since the constitutionality of an ordinance is in issue, jurisdiction lies in the supreme court. See § 13-4-102(1)(b), 6A C.R.S. (1987); see, e.g., High Gear & Toke Shop v. Beacom, 689 P.2d 624 (Colo. 1984). We affirm in part, reverse in part, and remand this action and the motion for attorneys' fees and costs to the trial court for resolution consistent with this opinion.

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