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SAFEWAY STORES, INCORPORATED v. CITY OF TRINIDAD

No. 71-303.

497 P.2d 1277 (1972)

SAFEWAY STORES, INCORPORATED, a Maryland Corporation, Plaintiff-Appellant, v. CITY OF TRINIDAD, Colorado, a Municipal Corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

June 6, 1972.

Attorney(s) appearing for the Case

Bradley, Campbell & Carney, Thomas J. Carney, Golden, Carmel A. Garlutzo, Trinidad, for plaintiff-appellant.

Harry R. Sayre, William G. Azar, Trinidad (on the brief), for defendant-appellee.

Selected for Official Publication.

SILVERSTEIN, Chief Judge.

Safeway Stores, Inc., filed an application for a fermented malt beverage license for off-premises consumption in the City of Trinidad. After a hearing, the City Council denied the application. The applicant sought review in the district court. Hearing was held and the court entered the following order:

"IT IS ORDERED . . . that this matter be remanded to the City Council of the City of Trinidad for further hearing and determination, and that the said City Council make a determination as to whether this license shall be granted,. . ."

The order then directed the Council to make findings as to those matters contained in the state statute, particularly as to the needs of the neighborhood and the desires of the inhabitants. The court neither affirmed nor reversed the action of the Council.

The above order, from which Safeway appeals, is not a final, appealable order. Under similar circumstances our Supreme Court stated, "In any event the district court must pass judgment upon the merits of the controversy, and until such judgment is entered there is nothing before us to affirm or reverse." Colorado Anti-Discrimination Commission v. Continental Air Lines, Inc., 143 Colo. 590, 355 P.2d 83.

The appeal is therefore dismissed.

COYTE and SMITH, JJ., concur.

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