§ 34-60-114 — Action for damages

Nothing in this article, and no suit by or
against the commission, and no violation charged or asserted against any person
under any provisions of this article, or any rule, regulation, or order issued under
this article, shall impair, abridge, or delay any cause of action for damages which
any person may have or assert against any person violating any provision of this
article, or any rule, regulation, or order issued under this article. Any person so
damaged by the violation may sue for and recover such damages as he otherwise
may be entitled to receive. In the event the commission fails to bring suit to enjoin
any actual or threatened violation of this article, or of any rule, regulation, or order
made under this article, then any person or party in interest adversely affected and
who has notified the commission in writing of such violation or threat thereof and
has requested the commission to sue, may, to prevent any or further violation, bring
suit for that purpose in the district court of any county in which the commission
could have brought suit. If, in such suit, the court holds that injunctive relief should
be granted, then the commission shall be made a party and shall be substituted for
the person who brought the suit, and the injunction shall be issued as if the
commission had at all times been the complaining party.

Legislative History

Source: L. 51: p. 657, � 9(d). CSA: C. 118, � 68(9)(d). CRS 53: � 100-6-10. C.R.S. 1963: � 100-6-10.