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Robinson v. Boulder, City of

Citation: 6 ELR 20418
No. No. 26720, 547 P.2d 228/190 Colo. 357, (Colo., 03/15/1976)

The city of Boulder cannot refuse to extend sewer and water services to outlying residential developments for growth control reasons, since it operates these services in the form of a public utility. The city has the capacity to supply these services; it therefore cannot discriminate among users in its franchise area. Having represented itself as the only water and sewer provider in the area, and having enforced its monopoly through service contracts, the city meets the test of a public utility. The city's land use planning considerations do not override its duty as a public utility. Ultimate governmental authority over land use in unincorporated areas resides in the county, not the city. Boulder's proprietary role as a utility cannot displace this legislative scheme.

Counsel for Plaintiffs
Guy A. Hollenbeck
1966 13th St.
Boulder CO 80302
(303) 443-7770

Counsel for Defendant
Walter L. Wagenhals, City Attorney
Kirk Wickersham, Jr., Asst. City Attorney
City Hall
Boulder CO 80302
(303) 441-3020

For the entire bench.