Heron v. City of Denver, 17475
| Decision Date | 09 May 1955 |
| Docket Number | No. 17475,17475 |
| Citation | 283 P.2d 647,131 Colo. 501 |
| Parties | Kenneth A. HERON, Plaintiff in Error, v. The CITY OF DENVER, Colorado, a municipal corporation, Quigg Newton, individually and as Mayor of the City of Denver, George R. McCormack, individually and as Chief Building Inspector of the City of Denver, Defendants in Error. |
| Court | Colorado Supreme Court |
George K. Thomas, Denver, for plaintiff in error.
John C. Banks, Earl T. Thrasher, Leslie A. Gross, Denver, for defendants in error.
Article XX, § 6 of the State Constitution grants to the people of Denver 'The full right of self-government in both local and municipal matters * * *.' The people of Denver adopted a charter in which the city council is given the power to enact and provide for the enforcement of all ordinances necessary to protect life, health and property, preserve and enforce good government for the general welfare, order and security of the city and its inhabitants. Pursuant to these grants of power and authority the city council enacted an ordinance known and referred to as Denver Building Code, the pertinent part of which is chapter 3, section 301(e), which is as follows:
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'Plans and specifications where required by this code to have been prepared by an architect or engineer, shall bear the seal and signature of the licensed architect or professional engineer responsible for their preparation.'
In December of 1952, plaintiff in error, a registered and licensed professional engineer was consulted and directed by the owners of certain lots to prepare plans and specifications for a nursing home to be erected on lots owned by his clients. He prepared two sets of plans, two sets of specifications and a survey plat for the construction of the proposed project, placed his seal thereon and on January 7, 1953, submitted same to the City Building Department and after appraisal for construction cost, was given approval by the zoning board. Certain changes of plans were suggested, which were made and refiled. The chief building inspector rejected the entire application for building permit and returned plaintiff's tendered payment for the permit fee. He then, in writing, requested the chief building inspector to proceed so that the permit could issue. On May 21, 1953, the chief building inspector acknowledged the request and referred plaintiff to the section of the building code hereinbefore set out, which provides that only an architect may prepare and submit plans and specifications for a public or semi-public building.
Thereafter, and in June, plaintiff filed a complaint in the district court asking, among other things, a mandatory injunction commanding the building inspector to analyze and approve his plans and specifications so that a permit could issue. In November the trial court ordered plaintiff to furnish the building inspector with full specifications and corrected plans. This apparently was done and such are now exhibits herein.
It is alleged in the complaint that the building inspector arbitrarily, capriciously, wrongfully and unlawfully refused to place his official approval on the plans and specifications submitted by plaintiff, and this refusal is because the plans and specifications do not bear the seal of a licensed architect, but instead bear the seal of plaintiff as a registered professional engineer in Colorado. It further is alleged that the Denver Building Code, requiring the seal of licensed architects, is arbitrary and constitutes an unlawful interference with plaintiff's practice of professional engineering in Colorado, as defined by chapter 100, page 271, of the 1953 Session Laws.
The city and the chief building inspector answered the amended complaint and as a first defense alleged that the complaint fails to state a claim against defendants upon which relief could be granted. For a second defense, certain admissions and denials are made and it is specifically alleged that chapter 100 of the Session Laws of 1953 does not authorize plaintiff, as a registered engineer, to plan and design a public building; further that the applicable provisions of the city ordinance or building code, herein set out, prohibit plaintiff, as a registered professional engineer, from preparing and submitting plans and...
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...a case where administrative remedies exist and must be exhausted before judicial relief may be sought. See, e. g., Heron v. City of Denver, 131 Colo. 501, 283 P.2d 647 (1955); People ex rel. Dunbar v. District Court, 129 Colo. 203, 268 P.2d 1098 ...
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