CF&I Steel Corp. v. Buchanan
CF&I Steel Corp. v. Buchanan
Opinion of the Court
This is an appeal from a judgment of dismissal by the Denver District Court, holding that it had no jurisdiction to determine the constitutionality of Proposed Initiated Measure No. 7 prior to its being voted upon in the General Election of November 2, 1976. We affirm.
We agree with the District Court that the general rule is that the courts do not have jurisdiction to pass upon the constitutionality of the substance of legislation prior to enactment or adoption. Our own constitution recognizes this rule by restricting cases in which advisory opinions may be rendered to interrogatories submitted by the General Assembly under certain conditions or by the Governor. Colo. Const. Art. VI, § 3.
The judgment is affirmed.
MR. JUSTICE KELLEY dissents.
MR. JUSTICE CARRIGAN does not participate.
Reference
- Full Case Name
- CF&I Steel Corporation, a Colorado corporation, and Mid-Continent Resources, Inc., a Delaware corporation, d/b/a Mid-Continent Coal & Coke Company, and Anschutz Coal Corporation, a Colorado corporation v. Mary Estill Buchanan, as Secretary of State of the State of Colorado, Polly Baca Barragan, Ethyln Christensen, Monte Pascoe, Norman Pledger and Tracy Smith Amax, Inc., a New York corporation, and William F. Distler and Harrison S. Cobb v. Mary Estill Buchanan, as Secretary of State of the State of Colorado, Polly Baca Barragan, Ethlyn Christensen, Monte Pascoe, Norman Pledger, and Tracy Smith
- Status
- Published