HEALEY v. CITY AND COUNTY OF DENVER

No. 78-410.

611 P.2d 587 (1979)

John M. HEALEY, Jr., Earl T. Abercrombie, Dwight F. Messer, and Arthur C. Pollock, Plaintiffs-Appellees, v. The CITY AND COUNTY OF DENVER, Daniel P. Cronin, Manager of Safety for the City and County of Denver, and Myrle K. Wise, Chief of the Denver Fire Department, Defendants-Appellants, and The Civil Service Commission of the City and County of Denver, consisting of Ted Bach, Jesse Manzanares, and Oswald Abernethy, and the Fire Department of the City and County of Denver, Defendants.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 31, 1980.

Certiorari Denied May 19, 1980.


Attorney(s) appearing for the Case

Geer & Goodwin, P. C., Edward O. Geery, Robert E. Goodwin, Denver, for plaintiffs-appellees.

Max P. Zall, City Atty., Robert D. Dowler, Asst. City Atty., Denver, for defendants-appellants.


KELLY, Judge.

The City and County of Denver, its Manager of Safety, and the Chief of the Fire Department, appeal the judgment of the trial court granting relief in the nature of mandamus to the plaintiffs, each of whom sought promotion to a position as assistant chief on the Denver Fire Department. The appellants contend, among other things, that the trial court erred in mandating the performance of a discretionary act. We agree, and therefore reverse.

The...

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