DEPART. OF TRANSP. v. CITY OF IDAHO SPRINGS

No. 07CA0274.

192 P.3d 490 (2008)

DEPARTMENT OF TRANSPORTATION, State of Colorado, Plaintiff-Appellant, v. CITY OF IDAHO SPRINGS, a municipal corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Certiorari Denied September 22, 2008.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Harry S. Morrow, First Assistant Attorney General, Megan Paris Rundlet, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellant.

Murray Dahl Kuechenmeister & Renaud, LLP, Malcolm M. Murray, Debra S. Kalish, Denver, Colorado, for Defendant-Appellee.


Opinion by Judge RUSSEL.

Plaintiff, the Colorado Department of Transportation (CDOT), appeals from an order denying its request for declaratory judgment against defendant, the City of Idaho Springs. We affirm.

I. Background

The city has adopted regulations under the Areas and Activities of State Interest Act (AASIA), sections 24-65.1-101 to -502, C.R.S.2007. It asserts that CDOT must comply with these regulations. CDOT disagrees.

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