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CITY OF LAKEWOOD v. DISTRICT COURT IN & FOR FIRST J. D.

No. 25695.

506 P.2d 1228 (1973)

The CITY OF LAKEWOOD, Colorado, a Municipal Corporation, on Behalf of the People of the City of Lakewood and the State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the FIRST JUDICIAL DISTRICT of Colorado and Christian D. Stoner as Judge of the District Court, Respondents.

Supreme Court of Colorado, En Banc.

March 5, 1973.

Attorney(s) appearing for the Case

Raymond C. Johnson, City Atty., Douglas S. Wamsley, Deputy City Atty., Lakewood, for petitioner.

No appearance for respondent.

GROVES, Justice.

Daniel J. Montana was charged with a violation of the assault ordinance of the City of Lakewood, which is not a home rule city. The Lakewood Municipal Court denied his motion to dismiss the charge. The motion was based on the ground that the ordinance was pre-empted by the state assault statute, C.R.S.1963, 40-2-35. Montana then petitioned the respondent district court for relief in the nature of prohibition, again alleging state pre-emption of the...

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