The CITY OF COMMERCE CITY, Colorado, a Colorado municipal corporation; Timothy J. Gagen, as City Manager of the City of Commerce City; The City of Westminster, Colorado, a Colorado municipal corporation; William M. Christopher, as City Manager of the City of Westminster; The City of Fort Collins, Colorado, a Colorado municipal corporation; John F. Fischbach, as City Manager of the City of Fort Collins; The City of Colorado Springs, Colorado, a Colorado municipal corporation, Petitioners
v.
STATE of Colorado, a state of the United States of America; and Bill Owens, as Governor of the State of Colorado, Respondents.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
February 11, 2002.
February 11, 2002.
Attorney(s) appearing for the Case
Gehler & Merrigan, Thomas E. Merrigan, Commerce City, Colorado, Attorney for Petitioner City of Commerce City, Colorado.
Stephen J. Roy, City Attorney, Fort Collins, Colorado, Attorney for City of Fort Collins.
Martin R. McCullough, City Attorney, Jeffrey H. Cahn, Chief Prosecuting Attorney, Westminster, Municipal Court, Westminster, Colorado, Attorneys for City of Westminster.
Patricia K. Kelley, City Attorney, Lori R. Miskel, City Attorney Colorado Springs, Colorado, Attorneys for City of Colorado Springs.
John R. Duval, City Attorney, Loveland, Colorado, Special Counsel for Petitioners.
Ken Salazar, Attorney General, Robert H. Dodd, Jr., Assistant Attorney General, Attorneys for Respondents.
Geoffrey T. Wilson, Denver, Colorado, Attorney for Amicus Curiae Colorado Municipal League.
Walter W. Fricke, Boulder, Colorado, Attorney for Amicus Curiae City of Boulder.
Supreme Court of Colorado, En Banc.
Justice RICE delivered the Opinion of the Court.
The question raised in this appeal is whether certain provisions of section 42-4-110.5, 11 C.R.S. (2001) and section 42-3-112(14), 11 C.R.S. (2001) regulating the manner in which cities use automated vehicle identification systems (AVIS) to enforce traffic laws unconstitutionally infringe on home-rule cities' powers under Article XX...
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