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LUNDVALL BROS., INC. v. VOSS

No. 89CA1282.

812 P.2d 693 (1990)

LUNDVALL BROTHERS, INC., a Colorado corporation, d/b/a Lundvall Oil and Exploration Company, Bellwether Exploration Company; Hertzke Brothers, a partnership, Colorado Oil and Gas Conservation Commission, Conquest Oil Company, and Langford Resources, a Colorado general partnership, Plaintiffs-Appellees, v. Gayle VOSS, City Clerk of the City of Greeley, a municipal corporation, Vitus Einsphar, Fire Chief, City of Greeley Fire Department, the Election Board of the City of Greeley, a body politic, and the City of Greeley, a municipal corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing February 15, 1991.

As Corrected February 25, and March 21, 1991.

Certiorari Granted July 9, 1991.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Timothy J. Monahan, Asst. Atty. Gen., Denver, James J. Peyton, Lind, Lawrence & Ottenhoff, Kenneth F. Lind, Greeley, Randolph W. Starr, P.C., Randolph W. Starr, Loveland, for plaintiffs-sppellees.

George N. Monsson, Asst. City Atty., Greeley, for defendants-appellants.

Kenneth A. Wonstolen, Gorsuch, Kirgis, Campbell, Walker and Grover, Hugh V. Schaefer, William A. Keefe, Kevin M. Baird, Denver, for amicus curiae Independent Petroleum Ass'n of Mountain State.

Lohf, Shaiman & Ross, P.C., J. Michael Morgan, Denver, for amicus curiae Colorado Oil and Gas Ass'n.

Opinion by Judge NEY.

The defendants, City of Greeley and its clerk, fire chief, fire department, and election board, appeal the trial court's partial summary judgment entered in favor of plaintiffs on the issue whether the doctrine of preemption invalidated the application of a municipal ordinance. We affirm.

I.

The City first contends that a home rule municipality is granted authority by the Colorado Constitution...

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