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CITY OF IDAHO SPRINGS v. BLACKWELL

No. 84SA483.

731 P.2d 1250 (1987)

CITY OF IDAHO SPRINGS, a municipal corporation, Plaintiff-Appellee, v. Ben BLACKWELL, Blaine Thomas, and Max L. Martin, individually and as Representatives of a Class of Persons Signing that Certain Referendum Petition Protesting Any Ordinance, Resolution or other Measure of the City Council of the City of Idaho Springs Regarding Appropriation or Allocation of Revenues, Funds, or Monies for the Purpose of Moving or Relocating the Train and Grass Valley Schoolhouse or for Acquiring Land therefor, and as Representatives of a Class of Persons Signing that Certain Initiative Petition Proposing the Repeal of any Ordinance, Resolution, or Other Measure of the City Council of the City of Idaho Springs Regarding the Same Topics as Referred to Above, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

January 26, 1987.

Attorney(s) appearing for the Case

David M. Kanigel, Evergreen, for plaintiff-appellee.

Calkins, Kramer, Grimshaw & Harring, Charles E. Norton, Charles B. Hecht, Denver, for defendants-appellants.

ERICKSON, Justice.

This is an appeal from the district court's order declaring that the choice of the site and the structure to be used as the Idaho Springs city hall was an administrative matter that was not subject to the referendum and initiative powers guaranteed by Colo.Const. art. V, § 1. The trial court also enjoined the proposed election on the petitions for initiated ordinances. We affirm.

I.

The facts are not in dispute and are set...

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