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MINNICK v. CITY AND COUNTY OF DENVER

No. 88CA0379.

784 P.2d 810 (1989)

Melvin MINNICK and Roy Windle, and Randy Bashore, Harold Morrow, Lenard Schmidt and John Stampel, individually, and as Representatives of a Class of Plaintiffs similarly situated, Plaintiffs-Appellants, v. CITY AND COUNTY OF DENVER, State of Colorado; Museum of Natural History d/b/a the Denver Museum of Natural History; Howard Electrical & Mechanical, Inc., and PCL Construction, Ltd., d/b/a PCL Construction, Incorporated, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing August 3, 1989.

Attorney(s) appearing for the Case

Burg & Eldredge, P.C., Gerard V. Reardon, Denver, for plaintiffs-appellants Melvin Minnick and Roy Windle.

Curtis L. Kennedy, Denver, for plaintiffs-appellants Randy Bashore, Harold Morrow, Lenard Schmidt, and John Stampel individually, and as Representatives of a Class of Plaintiffs.

Stephen H. Kaplan, City Atty., and Andrew L. Weber, Asst. City Atty., Denver, for defendant-appellee City and County of Denver.

Fairfield and Woods, P.C., Peter F. Breitenstein and Neil T. Duggan, Denver, Holm & Christensen, Jon L. Holm, Denver, for defendant-appellee The Denver Museum of Natural History.

Meer & Meer, P.C., Charlane J. Plucheck, Stephen Fowler and Robert Meer, Denver, for defendant-appellee Howard Elec. & Mechanical, Inc.

Stettner, Miller & Cohn, P.C., Kate Raabe, Denver, for defendant-appellee PCL Const., Ltd.

Opinion by Judge TURSI.

Plaintiffs, Melvin Minnick, Roy Windle, Randy Bashore, Harold Morrow, Lenard Schmidt, and John Stampel, individually, and as representatives of the class of plaintiffs similarly situated, appeal from the dismissal of their complaints. We affirm.

The sole issue on appeal is whether Denver Revised Municipal Code § 20-76, which imposes a "prevailing wage" requirement on public works projects, provides a private right of action to...

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