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FRED SCHMID APPLIANCE & TELE. v. DENVER

No. 90SC329.

811 P.2d 31 (1991)

FRED SCHMID APPLIANCE & TELEVISION CO., the Denver Post Corporation, May Department Stores Co., d/b/a May D & F, and Treasure Chest Advertising Company, Inc., Petitioners, v. CITY AND COUNTY OF DENVER, a municipal corporation, and Alan N. Charnes, Manager of Revenue of the City and County of Denver, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 3, 1991.

Attorney(s) appearing for the Case

Eiberger, Stacy, Smith & Martin, Rodney I. Smith, Roy A. Adkins, Paul F. Hodapp, Denver, for petitioners.

Patricia L. Wells, City Atty., Robert F. Strenski, Asst. City Atty., Donald E. Wilson, Denver, for respondents.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to review the unpublished opinion of the court of appeals in Fred Schmid v. City of Denver, No. 89CA0065 (Colo.App. April 1, 1990), which held that administrative remedies must be exhausted before a declaratory judgment action may be filed to determine whether a conflict in procedures for administrative review set forth in the Denver Municipal Code and the Colorado Revised Statutes renders...

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