Rosenfeld v. City of Boulder
Rosenfeld v. City of Boulder
Opinion of the Court
delivered the opinion of the Court.
Plaintiffs-Appellants — the Rosenfelds — brought suit to recover an alleged excess payment of water plant investment fees assessed against certain applicants desiring Boulder city water. They contested as invalid an ordinance increasing the fees. From a judgment in favor of Boulder dismissing the claim the Rosenfelds appealed. They come directly to this Court challenging the constitutionality of a Boulder charter provision allowing publication of an ordinance by reference only. Upon argument it was determined that no constitutional issue was involved. We affirm the trial court.
The sole issue presented is whether an erroneous effective date of the fee increase in a full publication of the ordinance after its passage on first reading invalidated the ordinance. We hold that it did not.
Two provisions of the Boulder city charter — which we find are not in conflict and which can be read in para materia — provide flexibility for selecting methods of publication. The ordi
The judgment is affirmed.
Reference
- Full Case Name
- Donald T. Rosenfeld and Robert T. Rosenfeld v. City of Boulder, a Municipal Corporation
- Status
- Published