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Hooray, I'm the first. :image035:

The Colorado Supreme Court will announce Monday morning the result of the lawsuit against the city and county of Denver to force them to submit to the preemption. They argue home rule status allows them to snub the state law.

State of Colorado and Bill Owens v. City and County of Denver, 04SA396
Sternberg v. City and County of Denver, 05SA22

Here's the link.
 

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keep us up on this please i dont know if i will have time to hit the site ( or remember to ) come monday but i will see this site
 

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Thanks!
I want to see this. Denver Monday, Boulder Tuesday!
I hope they fall like dominos. Then watch the crime rates fall too.
 

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I'll be watching for this report this morning, but I don't have my hopes up too high...the Colorado Supreme Court is still stocked with leftover liberals from the Governor Roy Romer era...:mad:
 

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Media at it again!

Court did not uphold the Denver bans. It simply could not decide with a tie vote. I hate it when the media slants the relaity of these situations.

Question now is, where does it go from here? The Federal courts? Back to the CO Supreme court allowing the excluded justice to vote?

Anybody got any ideas?

Enjoy
 

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I scanned several news websites, RMGO, CSSA. None of the stories indicated whether there is any further appeal process. I suppose appealing these cases could go up the chain in the federal court system.
 

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Anubis said:
I scanned several news websites, RMGO, CSSA. None of the stories indicated whether there is any further appeal process. I suppose appealing these cases could go up the chain in the federal court system.
There should be federal venue, if either party pursues.
 

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yes rock my understanding is either fall back and punt ( same basic suit on a different point of law ) or appeal the non decision to federal court either one will be both expensive and time consuming . Hopefully the state AG will pursue it one way or the other and get a decisive ruling on the rights of " home rule " citys .
 

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proceedure

I'm not intimately familiar with the details of this case, but it doesn't sound like there is any federal question which would allow it to be removed to federal court. In fact, since it has been litigated through the state courts, IIRC the only possible further appeal would be the to the U.S. Supreme Court upon some federal constitutional issue. I highly doubt that there is a recognized federal constitutional question here, so my guess is that this is where it ends.

As I understand the situation now, various district ct. judges have held the home rule statute to trump the preemption statute insofar as "assault weapons" and "Saturday Night Specials" go. Since the Colorado Supreme Ct. has deadlocked, those rulings will be the final say upon the matter, at least within the jurisdiction of those courts. That of course will change if and when the Col. Sup. Ct. gets around to making a decision. Also, I am suprised that Colorado doesn't have an intermediate appellate court which would hear the matter prior to the Sup. Ct. hearing it. Perhaps there was some sort of expedited appeal to the Sup. Ct and it may be possible to still have this heard by and intermediate appellate ct.

All the best,


Joe
 
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