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CITY AND COUNTY OF DENVER v. STATE

No. 89SA60.

788 P.2d 764 (1990)

CITY AND COUNTY OF DENVER, a Colorado municipal corporation; Federico Pena, as Mayor and as a Citizen of the City and County of Denver; Robert F. Ledger, Jr., as City Manager and as a Citizen of the City of Durango; and the City of Durango, a Colorado municipal corporation, Plaintiffs-Appellees and Cross-Appellants, v. STATE of Colorado, a State of the United States of America, and Roy Romer, as Governor of the State of Colorado, Defendants-Appellants and Cross-Appellees, and Denver Police Protective Association, Colorado Professional Fire Fighters, Robert Clair, Deborah Clair, Gerald Meineke, Dorothy Meineke, Daniel Doyle, David Spialek and Linda Smith, Intervenors-Appellants and Cross-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 2, 1990.

Attorney(s) appearing for the Case

Stephen H. Kaplan, Denver City Atty., and George J. Cerrone, Jr. and Darlene M. Ebert, Asst. City Attys., Denver, for plaintiffs-appellees and cross-appellants.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Neil L. Tillquist, Asst. Atty. Gen., Denver, for defendants-appellants and cross-appellees.

Thomas B. Buescher, Brauer & Buescher, P.C., Denver, for intervenors-appellants and cross-appellees.

Gerald E. Dahl, Denver, for amicus curiae, Colorado Municipal League.

Justice MULLARKEY delivered the Opinion of the Court.

This is an appeal from a summary judgment and permanent injunction issued in the Denver District Court finding unconstitutional section 8-2-120, 3B C.R.S. (1989 Supp.), which forbids municipalities, with few exceptions, from adopting residency requirements for municipal employees. The court permanently enjoined the state from enforcing section 8-2-120 against the appellees, the City and County of Denver and the...

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