Comments on: Common Sense. v. Denver http://xrlq.com/2004/04/23/common-sense-v-denver/ Politische Kommentare mit Snarkenremarken Tue, 31 Aug 2010 10:45:15 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Spoons http://xrlq.com/2004/04/23/common-sense-v-denver/comment-page-1/#comment-3432 Spoons Wed, 30 Nov -0001 00:00:00 +0000 http://xrlq.com/2004/04/23/1236/common-sense-v-denver/#comment-3432 It's been a while since I've practiced municipal law, but I believe this suit will go nowhere. In Illinois, at least, a city can't sue the state. Period. Cities exist only by virtue of the powers that the state provides. If the state wants to take powers away, the city has nothing to say about it. Put another way, states are sovereign; cities are not. At least that's the way I remember Illinois law. I'd expect Colorado to be the same. It’s been a while since I’ve practiced municipal law, but I believe this suit will go nowhere. In Illinois, at least, a city can’t sue the state. Period. Cities exist only by virtue of the powers that the state provides. If the state wants to take powers away, the city has nothing to say about it. Put another way, states are sovereign; cities are not.

At least that’s the way I remember Illinois law. I’d expect Colorado to be the same.

]]> By: Xrlq http://xrlq.com/2004/04/23/common-sense-v-denver/comment-page-1/#comment-3433 Xrlq Wed, 30 Nov -0001 00:00:00 +0000 http://xrlq.com/2004/04/23/1236/common-sense-v-denver/#comment-3433 I've never practiced municipal law; I'm one of those transactional/regulatory types who has "never lost a case." I'm not even sure that home rule exists as a concept in California or Arizona, where I'm admitted. It does seem like a "hail Mary" of an argument, unless home rule is somehow encoded in the Colorado constitution. I’ve never practiced municipal law; I’m one of those transactional/regulatory types who has “never lost a case.” I’m not even sure that home rule exists as a concept in California or Arizona, where I’m admitted. It does seem like a “hail Mary” of an argument, unless home rule is somehow encoded in the Colorado constitution.

]]> By: SayUncle http://xrlq.com/2004/04/23/common-sense-v-denver/comment-page-1/#comment-3434 SayUncle Wed, 30 Nov -0001 00:00:00 +0000 http://xrlq.com/2004/04/23/1236/common-sense-v-denver/#comment-3434 I thought the law exempted cities with populations greater than 400,000 (i.e., Denver)? I thought the law exempted cities with populations greater than 400,000 (i.e., Denver)?

]]> By: Xrlq http://xrlq.com/2004/04/23/common-sense-v-denver/comment-page-1/#comment-3435 Xrlq Wed, 30 Nov -0001 00:00:00 +0000 http://xrlq.com/2004/04/23/1236/common-sense-v-denver/#comment-3435 <a href="http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont3/2E0F1990B50BF91387256DF8005CB456?open&file=1279LOC_01.pdf">This interim version</a> would have exempted Denver (see Section 18-9-204.5(c) on p. 5). Fortunately, however, <a href="http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont3/2E0F1990B50BF91387256DF8005CB456?open&file=1279_enr.pdf">the final version</a> did not contain that exemption, and in its place contains a specific directive to save the dogs that were on death row with the bill was signed into law on Wednesday. This interim version would have exempted Denver (see Section 18-9-204.5(c) on p. 5). Fortunately, however, the final version did not contain that exemption, and in its place contains a specific directive to save the dogs that were on death row with the bill was signed into law on Wednesday.

]]> By: Say Uncle http://xrlq.com/2004/04/23/common-sense-v-denver/comment-page-1/#comment-3436 Say Uncle Wed, 30 Nov -0001 00:00:00 +0000 http://xrlq.com/2004/04/23/1236/common-sense-v-denver/#comment-3436 <strong>Co. BSL Update</strong> Xrlq alerts us that Colorado's Governor signed a bill into law banning Breed Specific Legislation. Good news! Denver, content to continue murdering 400 innocent animals... Co. BSL Update
Xrlq alerts us that Colorado’s Governor signed a bill into law banning Breed Specific Legislation. Good news! Denver, content to continue murdering 400 innocent animals…

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