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BD. OF CTY. COM'RS v. FIFTY-FIRST GEN. ASSEMBLY

No. 27969.

599 P.2d 887 (1979)

The BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY, a Colorado body corporate and politic, and as the Boulder County Board of Equalization, and Margaret B. Markey, John P. Murphy, and Walden D. Toevs, Individually and as members of the Board of County Commissioners and the Board of Equalization, and the Board of County Commissioners of Summit County, a Colorado body corporate and politic, and as the Summit County Board of Equalization, and Scott Gould, Thor Brunvand; and Liz Etie, Individually and as members of the Board of County Commissioners and the Board of Equalization, Plaintiffs-Appellants, v. The FIFTY-FIRST GENERAL ASSEMBLY OF the STATE OF COLORADO, Richard D. Lamm, Governor of Colorado, as well as a member of the State Board of Equalization, and the State Board of Equalization and its members, Mary Estill Buchanan, Secretary of State, Roy Romer, State Treasurer, J. D. MacFarlane, Attorney General, and Robert J. Scott, State Auditor, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

August 27, 1979.

Attorney(s) appearing for the Case

Cosgriff, Dunn & French, P. C., Breckenridge, for plaintiffs-appellants.

R. H. S. French, Breckenridge, for Summit County.

Ann T. Raisch, Boulder, for Boulder County.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Stephen H. Kaplan, Asst. Atty. Gen., Denver, for defendants-appellees.

ERICKSON, Justice.

Plaintiffs are the Boards of County Commissioners of Boulder and Summit Counties acting in their capacity as the boards of commissioners of their respective counties and as individual members of those boards. They brought this action seeking a declaratory judgment that § 39-1-103(5)(a), C.R.S.1973, as amended, Colo. Sess. Laws 1977, Ch. 494, 39-1-103(5) at 1729, (hereinafter H.B. 1452) is unconstitutional. Plaintiffs claim that H.B. 1452 does...

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