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Public Service Co. of Colorado v. City of Boulder

ELR Citation: 45 ELR 20126
Nos. 14CV30681, (Colo. Dist. Ct., 06/25/2015)

A Colorado court upheld a city's decision to create a local electric utility. An electric company argued that the city council exceeded its authority when it created the utility. But the company missed the 28-day deadline for challenging quasi-judicial decisions. When the city declared that the conditions precedent for the creation of the utility had been met pursuant to the city charter, it was acting in a quasi-judicial manner. In addition, the Colorado Constitution grants the city the constitutional right to create a utility if it so chooses. Here, the city complied with the state constitution as well as the city charter in so doing. The company's lawsuit, therefore, was dismissed.