City of Arvada ex rel. Arvada Police Department, Petitioners v. Denver Health and Hospital Author — Gabriel, J…

Summary

The concurrence joins the court's decision that the governing statute does not clearly authorize the hospital to recover treatment costs through a statutory claim. It reasons that existing law controls despite the concurrence's view that the result is inequitable because the custodial municipality requested the care and should ordinarily bear its cost. The concurrence urges legislative clarification. Justice Coats, concurring in the judgment in part, would have rejected the statutory-right-of-action analysis and would also have denied remand for unjust enrichment.