The City of Boulder, Colorado ; the City Council for the City of Boulder, Colorado; Suzanne Jones

Summary

The court held that the complaint principally sought declaratory relief under C.R.C.P. 57 challenging the validity of the ordinance establishing the utility, rather than untimely judicial review of the earlier ordinance under C.R.C.P. 106. Because the later ordinance was an effective legislative enactment and the complaint alleged that it violated the city charter, the district court had jurisdiction to hear the declaratory judgment claim. The court reversed and remanded for further proceedings on that claim.