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CF&I STEEL CORPORATION v. BANKING BOARD

Nos. C-1071, 27392.

554 P.2d 1354 (1976)

CF&I STEEL CORPORATION, a Colorado Corporation, et al., Plaintiffs-Appellants, v. Mary Estill BUCHANAN, as Secretary of State of the State of Colorado, et al., Defendants-Appellees. AMAX INC., a New York Corporation, et al., Plaintiffs-Appellants, v. Mary Estill BUCHANAN, as Secretary of State of the State of Colorado, et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearings Denied October 12, October 18, 1976.

Attorney(s) appearing for the Case

Welborn, Dufford, Cook & Brown, Denver, for CF&I Steel Corp.

Delaney & Balcomb, Glenwood Springs, for Mid-Continent Resources, Inc.

Robert F. Starzel, Denver, for Anschutz Coal Corp.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Harry N. MacLean, First Asst. Atty. Gen., Denver, for Mary Estill Buchanan, Secretary of State.

Morgan Smith, Brighton, for Polly Baca Barragen, Ethlyn Christensen, Monte Pascoe, Norman Pledger, and Tracy Smith.

Zarlengo, Zarlengo & Denison, Anthony F. Zarlengo, Spencer T. Denison, Tallmadge, Tallmadge, Wallace & Hahn, C. Thomas Bastein, Denver, for Amax Inc., and William F. Distler and Harrison S. Cobb.

PER CURIAM.

This is an appeal from a judgment of dismissal by the Denver District Court, holding that it had no jurisdiction to determine the constitutionality of Proposed Initiated Measure No. 7 prior to its being voted upon in the General Election of November 2, 1976. We affirm.

We agree with the District Court that the general rule is that the courts do not have jurisdiction to pass upon the constitutionality of the substance of legislation prior to enactment...

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