City and County of Denver v. Pike

342 P.2d 688, 140 Colo. 17, 1959 Colo. LEXIS 309
CourtSupreme Court of Colorado
DecidedJuly 20, 1959
Docket19067
StatusPublished
Cited by11 cases

This text of 342 P.2d 688 (City and County of Denver v. Pike) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City and County of Denver v. Pike, 342 P.2d 688, 140 Colo. 17, 1959 Colo. LEXIS 309 (Colo. 1959).

Opinions

Mr. Justice Doyle

delivered the opinion of the Court.

Plaintiff in error, City and County of Denver, seeks reversal of a judgment of the Superior Court of the City and County of Denver dismissing a charge against the defendant in error, defendant in the Superior Court, for violating a speeding ordinance. The statutory references appearing herein refer to chapter, article and section of the Colorado Revised Statutes of 1953. The dismissal was based upon the conclusion of the Superior Court that Denver lacked jurisdiction to enforce traffic [19]*19ordinances on the Valley Highway without first obtaining approval of its ordinances from the State Department of Highways. The case is presented here on an agreed Statement of Facts which provides in part as follows:

“ * * * The defendant, Joseph P. Pike, was charged in the Municipal Court of the City and County of Denver with violation of Section 511.3 of the Revised Muncipal Code of the City and County of Denver and more particularly with speeding on a portion of the Valley Highway lying within the City and County of Denver on March 14, 1959, at a rate of 62 miles per hour in a zone where the maximum speed limit was 50 miles per hour. The defendant entered a plea of not guilty and was tried, found guilty and fined $12.00 plus $5.00 costs.

“The defendant perfected an appeal to the Superior Court and filed therein his motion to dismiss on the ground that the alleged offense took place on a state highway over which the City and County of Denver had no jurisdiction, namely, the Valley Highway at the Broadway Viaduct.

“After hearing the argument of counsel, the Superior Court granted the defendant’s motion to dismiss and entered a minute order dismissing the case, * * *

“Pursuant to the said minute order, judgment was entered by the clerk dismissing the said action against the defendant, Joseph P. Pike. * * * ”

The Valley Highway is a multiple lane, limited access highway which traverses Denver from its northern boundary to an area close to its southern limits. It is also a connecting link in the state highway No. 185. It has been declared by the State Highway Department to be a freeway pursuant to 120-6-1. It has ingress and egress outlets in the form of ramps and clover leaves, and is equipped with service roads. All intersections as they are commonly known have been eliminated. This highway not only serves state highway 185 as a connect[20]*20ing link, but it also carries a great volume of intra-city traffic and connects, as well, with federal highways.

The rights-of-way were largely obtained by the City and County of Denver, but in part were secured by the State Highway Commission of Colorado. Ultimately, under agreements which have been signed by the City of Denver and the State Highway Commissioner, title to all of the land will be conveyed to the State of Colorado.

An agreement was entered into in 1947 between the City and the State Highway Engineer establishing the Valley Highway as a freeway and fixing the general location of it. This contract recited that the Valley Highway was being constructed with funds supplied by the United States of America and the State of Colorado and the right-of-way and access rights were to be obtained by the City and. County of Denver. This agreement detailed the obligations of the City and those of the State relative to the construction of this highway, including the closing of streets, clearing of rights-of-way and access rights and, in addition, paragraph 4 provides as follows:

“4. No maximum speed limit of less than 50 miles per hour shall be prescribed by the City for travel on the arterial lanes of the highway, without written consent of the Engineer. Any parking regulations along the Valley Highway or on its right of way, shall be approved in writing by the Engineer before being placed in effect by the City.”

The duty of maintenance of the completed highway, including policing and lighting, was placed on the City and it provided that neither signs nor signals were to be erected by the City without the approval of the highway engineer.

A supplemental agreement was executed in 1955 which modified the original agreement in respects which are not here material but which repeated the quoted provision relative to speed limits.

It is to be noted that the State Highway Engineer is [21]*21authorized by statute enacted in 1947, 120-7-2 (an act pertaining to long range highway program), to enter into such an agreement. Likewise, the City was, by Ordinance No. 93, Series of 1947, also authorized to become a party to the specific contract which was executed. This ordinance recited and approved the provisions contained in the agreement and specifically authorized the Mayor and the Manager of Improvements to execute and the City Auditor to register and countersign it on behalf of the City. Noteworthy also is the fact that Section 6 of this ordinance specifically provided, in conformity with the agreement, that the City would not prescribe a maximum speed limit for arterial lanes (on the highway) of less than 50 miles per hour without the written approval of the State Highway Engineer.

The judgment of the Superior Court, while recognizing the right of the City generally to regulate vehicular traffic on the Valley Highway, nevertheless held that it lacked jurisdiction in this instance because of its failure to obtain express approval of its regulations as required by 120-13-35, which section declares that cities, cities and counties, etc., shall regulate and enforce traffic and parking restrictions on all highway-streets within the municipal boundaries, but provides that all regulations shall be subject to approval of the Department of Highways before becoming effective. This section also purports to divide authority over streets which are part of the state highway system. It defines in detail the obligations of cities, cities and counties and incorporated towns with respect to streets which are a part of the state highway system.

It is the contention of the City that the Superior Court erred in holding that the City of Denver does not have jurisdiction on the Valley Highway unless it first obtains approval of the State Highway Commission.' It argues that the regulation of traffic is a local and municipal matter and that Denver has authority over such matters by virtue of Article XX of the Colorado Con[22]*22stitution; that the trial court erred in holding that Denver’s jurisdiction over the highway must have been authorized by some law of the state; that since Denver obtained its authority under the constitution, an act of the general assembly could not take this power away; and that any working agreement between Denver and the State Highway Department creating the Valley Highway has no bearing on the present question and could not be used as a collateral defense to an action against a speed violator. Thus the City requests that we disregard the mentioned contracts and also the statutes pertaining to said highways and to freeways and that we decide the case by reference to the Twentieth Amendment of the Constitution of Colorado and Section 6 thereof which grants to home-rule cities exclusive power over subjects which are local and municipal. If the matter is predominantly local and municipal, it is under the Twentieth Amendment exclusively so, and the State of Colorado would, under this analysis have no jurisdiction whatsoever in the premises. City of Canon City v. Merris, 137 Colo. 169, 323 P. (2d) 614.

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Cite This Page — Counsel Stack

Bluebook (online)
342 P.2d 688, 140 Colo. 17, 1959 Colo. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-and-county-of-denver-v-pike-colo-1959.