eBook details
- Title: Gordon v. Wheatridge Water District
- Author : Colorado Supreme Court
- Release Date : January 13, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
THE questions presented in this proceeding pertain to the alleged unconstitutionality of chapter 175, S.L. 1939 (chapter 173A, 1939 Supp. 35 C.S.A.), providing for the organization of water and sanitation districts and arise on the issues raised by the demurrer of defendant in error district to the complaint of plaintiff in error, to whom we shall refer hereinafter as plaintiff, seeking a declaratory judgment and injunctive relief with respect to the matters involved. The district court sustained the demurrer and upon plaintiffs election to stand on his complaint, the court, in conformity with the practice under the Uniform Declaratory Judgments Law (sections 78 to 92 inclusive, chapter 93, 35 C.S.A.), made certain findings and entered a decree wherein it was determined and declared, in substance, that the district, located in Jefferson county, had been organized, its officers elected and the issuance of its bonds in the principal sum of $90,000 authorized by the electors of the district, strictly in accordance with the provisions of the act first above cited; that such law was not unconstitutional, invalid or unenforceable on any of the grounds alleged in the complaint, and that the officers of the district might lawfully issue the bonds thereof and levy a tax on all of the taxable real property in the district for the payment of said bonds and interest thereon. Plaintiff does not contend that deviation from the terms of the act occurred in the organization of the district or in any of the subsequent transactions mentioned but, as he did in the trial court, asserts that the act itself offends the Constitution in four particulars.