McCarville v. City of Colorado Springs

2013 COA 169, 338 P.3d 1033, 2013 WL 6354439, 2013 Colo. App. LEXIS 1877
CourtCourt of Civil Appeals of Oklahoma
DecidedDecember 5, 2013
DocketCourt of Appeals No. 12CA2593
StatusPublished
Cited by9 cases

This text of 2013 COA 169 (McCarville v. City of Colorado Springs) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCarville v. City of Colorado Springs, 2013 COA 169, 338 P.3d 1033, 2013 WL 6354439, 2013 Colo. App. LEXIS 1877 (Okla. Ct. App. 2013).

Opinion

Opinion by

JUDGE NAVARRO

T1 This case presents the question whether the City of Colorado Springs (the City) may enforce its ordinances regulating the process for amending its home rule charter even though the State has also enacted a statute regulating this matter. Plaintiff, Roger McCarville, appeals the district court's judgment upholding the City's ordinances. Because the laws of the City and the State do not conflict, we hold that the ordinances may stand. We thus affirm the judgment in favor of the City.

I. Background

T2 McCarville filed with the City clerk a letter demanding to petition the City's electors to amend its charter. He attached a draft of his charter amendment, which addressed several municipal issues, including: (1) the salaries and terms of office of City officials; (2) future election dates as to various City offices; and (8) the salary, qualifications, and number of municipal court judges.

13 McCarville also announced his refusal to participate in the procedures applicable to citizen initiatives outlined by the City's ordinances (e.g., attend a public meeting). He asserted, among other things, that the City's procedures apply only to initiatives to enact ordinances and not those to amend the charter. McCarville demanded that he be allowed to immediately begin collecting the signatures necessary to place his charter amendment on the ballot. Notwithstanding his demand, the clerk followed the City ordinance and scheduled his draft initiative for a [1035]*1035public meeting with the City's Initiative Review Committee.

€4 Rather than participate in the City's process, McCarville filed an action in the district court. He asked the court to declare that the City's ordinances related to citizen-initiated charter amendments conflict with the Colorado Constitution and related statutes. He also requested injunctive relief, The City moved for summary judgment on the ground that its process for initiated charter amendments is consistent with the applicable constitutional and statutory provisions. The district court granted the City's motion, and MeCaryville brought this appeal.

IL Analysis

A. Summary Judgment Standards

{5 We review de novo the grant of summary judgment. Kyle W. Larson Enters. Inc. v. Allstate Ins. Co., 2012 COA 160, ¶8, 305 P.3d 409. Summary judgment should be granted only where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Id. Here, the parties agree that no disputed issue of fact exists and that this case pres-" ents purely a question of law that we review de novo. See, eg., Trinen v. City & Cnty. of Denver, 58 P.3d 754, 757 (Colo.App.2002) ("We review de novo the constitutionality of a municipal enactment.").

B. The State and the City's Authority To Regulate Amendments to a Home Rule Charter

16 McCarville contends that the City's ordinances related to charter amendments violate the Colorado Constitution because the constitution permits only the General Assembly to legislate on this matter. He argues further that the ordinances conflict with the relevant statute, section 31-2-210, C.R.S. 2018. In response, the City maintains that, as a home rule municipality, it may enact ordinances addressing the charter amendment process because: (1) this is a matter of local concern or (2) this is a matter of mixed state and local concern, and its ordinances do not conflict with the statute.1

17 "In determining the bounds of state authority vis-a-vis a home-rule municipality's," we recognize three categories of regulatory matters: "(1) matters of local concern; (2) matters of statewide concern; and (3) matters of mixed state and local concern." Webb v. City of Black Hawk, 2018 CO 9, 1 18, 295 P.3d 480. We review de novo the question of whether a particular matter is of local, state, or mixed concern. Id. at % 16.

T8 In matters of local concern, both the State and home rule city may legislate. Id. at 118. If the city's regulation conflicts with a statute, the city's regulation will control. Id. In matters of statewide concern, however, the State legislature exercises plenary authority, and a home rule city may regulate only if the constitution or statute authorizes such legislation. Id. Finally, in matters that involve mixed state and local concerns, both the State and the home rule city may legislate as long as their legislation does not conflict. Id.; see City of Aurora v. Martin, 181 Colo. 72, 76, 507 P.2d 868, 870 (1973) (supreme court has "rejected the idea that the mere enactment of a state statute constituted a pre-emption by the state of the matter regulated"). In the event of a conflict, the State law will control. Webb, % 18.

T9 To demonstrate that amendments to home rule charters are matters of statewide concern, McCarville points to Article XX, section 9 of the state constitution. That seetion states that the "general assembly shall provide by statute procedures under which the registered electors of any proposed or existing city and county, city, or town may adopt, amend, and repeal a municipal home rule charter." Colo. Const. art. XX, § 9@).

110 To establish that home rule charter amendments are a matter of local concern or (at least) of mixed state and local concern, the City relies on Article XX, section 6 of the Colorado Constitution. This provision grants home rule municipalities the power to create and amend charters to govern local and mu[1036]*1036nicipal matters. Webb, 117; see Colo. Const. art XX, § 6. Article XX, section 6 further provides that home rule municipalities shall have the power to legislate upon "[all matters pertaining to municipal elections in such city or town, and to electoral votes therein on measures submitted under the charter or ordinances thereof" See also Colo. Const. art. V, § 1(9) (municipalities "may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation").

$11 We construe Article XX, section 6 and Article V, section 1(9) of the Colorado Constitution to authorize a home rule municipality to enact legislation related to charter amendments. See also Bruce v. City of Colorado Springs, 252 P.8d 30, 88-34 (Colo.App.2010) (these constitutional provisions authorize a home rule city to enact ordinances establishing the manner in which municipal legislation is exercised). As a result, even if this matter were of statewide concern, the City may regulate charter amendments so long as the City's legislation does not conflict with the State's. See Webb, 118 ("in matters of statewide concern ... home-rule cities may regulate only if the constitution or statute authorizes such legislation").

T12 The crucial question thus becomes whether a conflict exists between the State statute and the City ordinances pertaining to charter amendments. Cf. Martin, 181 Colo. at 74, 507 P.2d at 869 ("The question then becomes whether the municipal ordinance and the state statute can co-exist within the city."). If there is no conflict, both the State and the City's legislation may coexist within the City, regardless of whether the legislation concerns a matter of local, state, or mixed concern.

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Bluebook (online)
2013 COA 169, 338 P.3d 1033, 2013 WL 6354439, 2013 Colo. App. LEXIS 1877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarville-v-city-of-colorado-springs-oklacivapp-2013.