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QUINTANA v. EDGEWATER MUNICIPAL COURT

No. 25236.

498 P.2d 931 (1972)

Flora Helen QUINTANA and Clarence William Hansen, Plaintiffs-Appellants, v. EDGEWATER MUNICIPAL COURT et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 26, 1972.

Attorney(s) appearing for the Case

Alan H. Bucholtz, Denver, for plaintiffs-appellants.

Howe & Windholz, Charles B. Howe, Boulder, for defendants-appellees.

Raymond C. Johnson, Lakewood, amicus curiae, City of Lakewood.

GROVES, Justice.

The plaintiffs brought this action under C.R.C.P. 106(a) (4) to prohibit proceedings in the Edgewater Municipal Court against the plaintiffs for violation of Edgewater's shoplifting ordinance. The plaintiffs claim the ordinance is invalid because it is in conflict with the theft statute. 1967 Perm.Supp., C.R.S.1963, 40-5-2. The district court denied relief. We reverse.

The ordinance in question defines shoplifting as wilfully and unlawfully...

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