Century Elec. Service & Repair, Inc. v. Stone
| Decision Date | 16 May 1977 |
| Docket Number | No. 27088,27088 |
| Citation | 193 Colo. 181,564 P.2d 953 |
| Parties | CENTURY ELECTRIC SERVICE AND REPAIR, INC., a Colorado Corporation, and David L. McDowell, Plaintiffs-Appellees, v. John STONE, Director of the Denver Building Department, Richard Armstrong, Supervisor thereof, and the City and County of Denver, a body politic, Defendants-Appellants, v. The PEOPLE of the State of Colorado ex rel. COLORADO ELECTRICAL BOARD, Plaintiff-Intervenor-Appellee. |
| Court | Colorado Supreme Court |
Heinz Kroeger, Burlington, for plaintiffs-appellees.
Max P. Zall, Robert M. Kelly, John L. Stoffel, Jr., Denver, for defendants-appellants.
J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Tucker K. Trautman, Asst. Atty. Gen., Denver, for plaintiff-intervenor-appellee.
This is an appeal from a judgment of the Denver District Court enjoining the City and County of Denver from requiring electrical contractors and electricians licensed by the state to obtain city licenses. We affirm the judgment of the trial court.
In 1975, the Colorado legislature enacted section 12--23--111(15), C.R.S.1973 (Supp.1976), which established exclusive state licensing of electricians. Declaring such licensing to be a matter of state-wide concern, the statute prohibited all local governmental authorities from requiring local licenses for electricians licensed by the state. Denver contended, however, that as a home-rule city, its licensing ordinances superseded the conflicting state statute, and the city refused to issue an electrical permit to an electrical contractor and a master electrician who held state but not Denver licenses. Thereupon, the suit was instituted in the district court to enjoin Denver from requiring a local license.
Article XX, section 6, of the Colorado Constitution contains a broad grant of governmental authority to home-rule cities to enact charters to control their 'local and municipal matters.' The section provides:
'Such charter and the ordinances made pursuant thereto in such matters shall supersede within the territorial limits and other jurisdiction of said city or town any law of the state in conflict therewith.'
While this provision established exclusive home-rule over matters of local concern, statutes dealing with matters of state-wide concern operate to the exclusion of conflicting local ordinances. See, e.g., Bennion v. Denver, 180 Colo. 213, 504 P.2d 350 (1972). Since in this case the legislative prohibition of municipal licensing explicitly establishes such conflict, the only question with which this court must deal is whether the licensing of electrical contractors and electricians is of such state-wide concern that the home-rule provisions do not apply.
A legislative determination that a matter is of state-wide interest is entitled to great weight, See Denver v. Tihen, 77 Colo. 212, 235 P. 777 (1925). In making such a review, this court must consider the changing needs of the people of the state and the impact of the regulation. See People v. Graham, 107 Colo. 202, 110 P.2d 256 (1941). See also City and County of Denver v. Sweet, 138 Colo. 41, 329 P.2d 441 (1958). Denver contends that the local nature of the licensing of electricians stems from the fact that Chapter 53 of the Denver Building Code contains stricter provisions than those found in the state electrical code. The city claims that effective enforcement of these stricter options requires that it retain authority to grant and revoke the licenses of electricians performing work within the...
To continue reading
Request your trial
-
Robertson v. City and County of Denver
...See City of Colorado Springs v. Industrial Comm'n, 749 P.2d 412 (Colo.1988) (unemployment compensation); Century Elec. Serv. & Repair, Inc. v. Stone, 193 Colo. 181, 564 P.2d 953 (1977) (licensure of electricians); City & County of Denver v. Public Utilities Comm'n, 181 Colo. 38, 507 P.2d 87......
-
CITY & COUNTY OF DENVER, ETC. v. Bergland
...72, 507 P.2d 868 (1973), and preemption of local rule in areas of exclusive state-wide concern, Century Elec. Service & Repair, Inc. v. Stone, 193 Colo. 181, 183-184, 564 P.2d 953, 955 (1977); Vick v. People, 166 Colo. 565, 445 P.2d 220 (1968), cert. denied, 394 U.S. 945, 89 S.Ct. 1273, 22 ......
-
City and County of Denver By and Through Bd. of Water Com'rs v. Colorado River Water Conservation Dist., 36
...state are the judges in the first instance of whether a matter is of local or statewide concern. Century Electric Service & Repair, Inc. v. Stone, 193 Colo. 181, 183, 564 P.2d 953, 954 (1977); McNichols v. City & County of Denver, 101 Colo. 316, 324, 74 P.2d 99, 103 (1937). We will not over......
-
Fraternal Order of Police, Colorado Lodge No. 27 v. City and County of Denver
...Comm'n, 749 P.2d 412, 416-17 (Colo.1988) (unemployment benefits are a statewide concern); Century Elec. Serv. & Repair, Inc. v. Stone, 193 Colo. 181, 183-84, 564 P.2d 953, 955 (1977) (licensure of electricians is a statewide concern); Huff v. Mayor of Colorado Springs, 182 Colo. 108, 112-13......
-
Prosecution of Juveniles in Colorado Municipal Courts
...(Colo. 1942); City of Aurora v. Martin, 507 P.2d 868, 869 (Colo. 1973). 44. See, e.g., Century Electric Service and Repair, Inc. v. Stone, 564 P.2d 953, 954 (Colo. 1977); Duhamel v. People, 601 P.2d 639, 640 (Colo.App. 1979). 45. See, CRS § 19-2-101; Maynes, supra, note 2 at 758. 46. Supra,......
-
Chapter 5 - § 5.8 • CITIES AND TOWNS
...Foreign Wars, Post 4264 v. City of Steamboat Springs, 575 P.2d 835, 840 (Colo. 1978).[39] See Century Elec. Serv. & Repair, Inc. v. Stone, 564 P.2d 953 (Colo. 1977); Heron v. City of Denver, 283 P.2d 647 (Colo. 1955).[40] Colo. Const. art. XX, § 6.[41] Colo. Const. art. XIV, § 16(3).[42] Co......
-
Chapter 2 - § 2.2 • ARCHITECT LICENSING LAW
...sanctions.87 --------Notes:[19] C.R.S. § 12-120-409(1).[20] C.R.S. § 12-120-403.[21] Cf. Century Elec. Service & Repair, Inc. v. Stone, 564 P.2d 953, 954 (Colo. 1977) (city preempted from licensing electrician by state licensing scheme).[22] C.R.S. § 12-120-404(3).[23] C.R.S. § 12-120-404(1......