Allely v. City of Evans

124 P.3d 911, 2005 Colo. App. LEXIS 1600, 2005 WL 2456946
CourtColorado Court of Appeals
DecidedOctober 6, 2005
Docket04CA1608
StatusPublished
Cited by16 cases

This text of 124 P.3d 911 (Allely v. City of Evans) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allely v. City of Evans, 124 P.3d 911, 2005 Colo. App. LEXIS 1600, 2005 WL 2456946 (Colo. Ct. App. 2005).

Opinion

CASEBOLT, J.

In this case involving a petition to disconnect land from a city, plaintiffs, Joyce L. Allely and Donald K. Griffin, appeal the judgment in favor of defendant, the City of Evans, in which the court denied their request. We affirm.

Plaintiffs own three contiguous parcels of land aggregating 112 acres within the city limits of Evans, Colorado, a home rule city. Relying upon § 31-12-601, C.R.S.2005, which provides a procedure for disconnection of land from cities under specified circumstances, plaintiffs requested the court to order disconnection.

At the time plaintiffs filed this action, the City had no ordinance or charter provision in effect governing disconnection. However, three months after the filing, but before the hearing on plaintiffs’ petition, the City passed its own ordinance governing disconnection, which prescribed substantive requirements different from those contained in § 31-12-601.

After an - evidentiary hearing, the court concluded that the state disconnection statute applied only to statutory cities and not to home rule municipalities. Alternatively, the court held that if the statute applied, the Evans ordinance superseded the statute and that plaintiffs had failed to comply with its provisions. Accordingly, the court denied the petition, and this appeal followed.

Plaintiffs contend that § 31-12-601 applies to home rule municipalities and, therefore, the trial court erred in denying their request. We disagree.

Article XX, § 6 of the Colorado Constitution, which authorizes home rules cities and towns, states: “The statutes of the state of Colorado, so far as applicable, shall continue to apply to such cities and towns, except insofar as superseded by the charters of such cities and towns or by ordinance passed pursuant to such charters.” Accordingly, we must determine whether § 31-12-601 is applicable, and if so, whether the Evans ordinance superseded its provisions.

We review the construction of statutes de novo. Lobato v. Indus. Claim Appeals Office, 105 P.3d 220 (Colo.2005). In construing a statute, our goal is to determine and give effect to the intent of the legislature and adopt the statutory construction that best effectuates the purposes of the legislative scheme. People v. Yascavage, 101 P.3d 1090 (Colo.2004).

To effectuate the legislative intent, a statute must be read and considered as a whole and should be interpreted so as to give *913 consistent, harmonious, and sensible effect to all its parts. State v. Nieto, 993 P.2d 493 (Colo.2000). If the statutory language unambiguously sets forth the legislative purpose, we need not apply additional rules of statutory construction to determine the statute’s meaning. People v. Cooper, 27 P.3d 348, 354 (Colo.2001).

If, however, the statutory language lends itself to alternative constructions and its intended scope is unclear, a court may apply other rules of statutory construction to determine which alternative construction is in accordance with the objective sought to be achieved by the legislation. People v. Terry, 791 P.2d 374 (Colo.1990). If the language of, a statute is ambiguous or conflicts with other provisions, we then look to legislative history, prior law, the consequences of a given construction, and the goal of the statutory scheme. People v. Luther, 58 P.3d 1013 (Colo.2002).

Section 31-12-601 provides:

When a tract or contiguous tracts of land, aggregating twenty or more acres in area, are embraced within the municipal limits of any city, which are upon or contiguous to the border thereof, the owners of said tracts of land may petition the 'district court for the county in which such land, or any part thereof, is situated to have the same disconnected from said city.

The statutes then prescribe the conditions under which'disconnection is allowed.

As pertinent here, “city” is defined as a “municipal corporation,” but, the term specifically does not include “any city ... which has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state constitution.” Section 31-1-101(2), C.R.S.2005.

By its express terms, § 31-12-601 contemplates disconnection from a “city” arid the applicable definition of “city” excludes home rule municipalities. Accordingly, the statute does not apply to disconnection from home rule municipalities.

Further, it is presumed that the legislature has knowledge of the legal import of the words it uses and that it intends each part of a statute to be given-effect. See City & County of Denver v. Gallegos, 916 P.2d 509 (Colo.1996), disapproved of on other grounds by Corsentino v. Cordova, 4 P.3d 1082 (Colo.2000). We can presume that by defining “city” to exclude home rule municipalities and then employing that term in the disconnection statute, the General Assembly intended to limit the application of the disconnection statute to statutory cities. Moreover, in its definition of terms, the General Assembly defined a “municipality” to include a city or town that has chosen to adopt a home rule charter. See §• 31—1—101(6), C.R.S.2005. Hence, the fact that the General Assembly did not choose to use the word “municipality” in § 31-12-601 is significant.

Our interpretation is consistent with the heading of § 31-12-601, “Disconnection by Court Decree — Statutory Cities.” Generally, where headings are added by the.re-visor of statutes, no implication or presumption of a legislative construction - is to be drawn therefrom. See § 2-5-113, C.R.S. 2005. However, when, as here, the General Assembly specifically selects a heading, we may consider it as an aid in construing a statute. U.M. v. Dist. Court, 631 P.2d 165 (Colo.1981).

Plaintiffs assert that such a construction runs contrary to the provisions of § 31-1-102, C.R.S.2005. They assert that the cited provision evidences a legislative intent to apply all the provisions in Title 31 to home rule municipalities, thus making § 31-12-601 applicable. We disagree.

Section 31-1-102(1), C.R.S.2005, provides, in pertinent part:

In the recodification of this title, certain provisions which previously applied or may have been interpreted to apply to limited categories of municipalities have been applied to all municipalities, whether statutory, home rule or special territorial charter.

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Bluebook (online)
124 P.3d 911, 2005 Colo. App. LEXIS 1600, 2005 WL 2456946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allely-v-city-of-evans-coloctapp-2005.