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City and County of Denver v. State of Colorado

Defendant's Attorney:   John W. Suthers, Attorney General and Stephen G. Smith, Assistant Attorney General

Topic: BSL - Dangerous Dog

Case File #:   05-CA-000149

Jurisdiction:   Colorado

Year Case Filed:   2004


Printible Version



In 2004, the Colorado General Assembly passed changes to the state's dangerous dog laws; part of the law prohibited municipalities from adopting any breed-specific dog laws.  Denver previously enacted an ordinance that regulated dogs by breed (Section 8-55).  In this current action, the City instituted an action seeking declaratory judgment that Section 8-55 preempts the state law under the Home Rule Amendment.  The court found that the regulation of dogs by breed on an intra-city basis was purely a matter of local concern, and thus fell under Home Rule authority.  The state was permanently enjoined from taking any action against Denver based on the language of the amended state law.  The state then filed a notice of appeal, but subsequently withdrew it.   

 

Order from the District Court from the City and County of Denver (pdf file - 945.82 KB)

Motion to Dismiss Appeal (by State) (pdf file -63.04 KB)

Court of Appeals Mandate (dismissing appeal) (pdf file - 32.82 KB)

 

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