uniform rule (Colorado) · Go Syfert
← Colorado issues

uniform rule in Colorado

21 Colorado opinions name it 2 courts 1895–2025 2 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Pueblo v. Sandersgreen
colo · 1962 · cited in 2 Colorado opinions naming this issue, 1970–1971
2 sentences

1971See Pueblo v. Sanders, 151 Colo. 216 , 376 P.2d 996 .

1971See Pueblo v. Sanders, 151 Colo. 216 , 376 P.2d 996 .

22
FD Interests v. Fairways at Buffalo Rungreen
· 2019 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See §§ 38-33.3-101 to -401, C.R.S. 2024. ¶ 27 CCIOA “establishes a uniform framework for the creation and operation of common interest communities.” FD Ints., LLC v. Fairways at Buffalo Run Homeowners Ass’n, 2019 COA 148, ¶ 24 .

11
McNichols v. City of Denvergreen
colo · 1937 · cited in 1 Colorado opinions naming this issue, 2008–2008
2 sentences

2008Our past cases do not adopt a uniform standard for what constitutes a lawful, public, local, and municipal purpose, perhaps because of the difficulty of capturing the permissible range of local and municipal projects with a static test. [2] Compare, e.g., McNichols v. City & County of Denver, 101 Colo. 316, 324 , 74 P.2d 99, 103 (1937) ("The test is whether the power, if exercised, will promote the general objects and purposes of the municipality."), with City & County of Denver v. Sweet, 138 Colo. 41, 49 , 329 P.2d 441, 445 (1958) ("Whether a particular business *168 activity is a matter of m

2008Our past cases do not adopt a uniform standard for what constitutes a lawful, public, local, and municipal purpose, perhaps because of the difficulty of capturing the permissible range of local and municipal projects with a static test. [2] Compare, e.g., McNichols v. City & County of Denver, 101 Colo. 316, 324 , 74 P.2d 99, 103 (1937) ("The test is whether the power, if exercised, will promote the general objects and purposes of the municipality."), with City & County of Denver v. Sweet, 138 Colo. 41, 49 , 329 P.2d 441, 445 (1958) ("Whether a particular business *168 activity is a matter of m

11
City of Denver v. Board of Commissionersgreen
colo · 1945 · cited in 1 Colorado opinions naming this issue, 2008–2008
2 sentences

2008Turning first to our review of pertinent Colorado law, we place reliance on the time-honored premise that article XX vests in home rule municipalities every power which the legislature "could have conferred." Bd. Of Comm'rs, 113 Colo. at 156 , 156 P.2d at 103 ("If the General Assembly can confer a power upon any [statutory] city . . . a charter city, such as Denver, already possesses the power without legislative action.").

2008Turning first to our review of pertinent Colorado law, we place reliance on the time-honored premise that article XX vests in home rule municipalities every power which the legislature "could have conferred." Bd. Of Comm'rs, 113 Colo. at 156 , 156 P.2d at 103 ("If the General Assembly can confer a power upon any [statutory] city . . . a charter city, such as Denver, already possesses the power without legislative action.").

11
Taco Bell, Inc. v. Lannongreen
colo · 1987 · cited in 1 Colorado opinions naming this issue, 2008–2008
2 sentences

2008In Taco Bell, we looked to whether certain security measures were necessary by virtue of the restaurant's unusually violent immediate history. 744 P.2d at 44 (noting that ten armed robberies had taken place there in the past three years).

2008In Taco Bell, we looked to whether certain security measures were necessary by virtue of the restaurant’s unusually violent immediate history. 744 P.2d at 44 (noting that ten armed robberies had taken place there in the past three years).

11
City and County of Denver v. Sweetgreen
colo · 1958 · cited in 1 Colorado opinions naming this issue, 2008–2008
2 sentences

2008Our past cases do not adopt a uniform standard for what constitutes a lawful, public, local, and municipal purpose, perhaps because of the difficulty of capturing the permissible range of local and municipal projects with a static test. [2] Compare, e.g., McNichols v. City & County of Denver, 101 Colo. 316, 324 , 74 P.2d 99, 103 (1937) ("The test is whether the power, if exercised, will promote the general objects and purposes of the municipality."), with City & County of Denver v. Sweet, 138 Colo. 41, 49 , 329 P.2d 441, 445 (1958) ("Whether a particular business *168 activity is a matter of m

2008Our past cases do not adopt a uniform standard for what constitutes a lawful, public, local, and municipal purpose, perhaps because of the difficulty of capturing the permissible range of local and municipal projects with a static test. [2] Compare, e.g., McNichols v. City & County of Denver, 101 Colo. 316, 324 , 74 P.2d 99, 103 (1937) ("The test is whether the power, if exercised, will promote the general objects and purposes of the municipality."), with City & County of Denver v. Sweet, 138 Colo. 41, 49 , 329 P.2d 441, 445 (1958) ("Whether a particular business *168 activity is a matter of m

11
Camphill Village, U.S.A., Inc. v. Workmen's Compensation Boardgreen
ny · 1968 · cited in 1 Colorado opinions naming this issue, 1992–1992
2 sentences

1992See Camphill Village, U.S.A. v. Workmen’s Compensation Board, 23 N.Y.2d 202 , 243 N.E.2d 739, 742 , 296 N.Y.S.2d 129, 132 (1968) (persons who lived in and supervised family-type establishments for handicapped persons, and who received no compensation except full subsistence for their households, were not employees for purposes of workers’ compensation, but were volunteers; receipt of wages is the distinguishing factor).

1992See Camphill Village, U.S.A. v. Workmen’s Compensation Board, 23 N.Y.2d 202 , 243 N.E.2d 739, 742 , 296 N.Y.S.2d 129, 132 (1968) (persons who lived in and supervised family-type establishments for handicapped persons, and who received no compensation except full subsistence for their households, were not employees for purposes of workers’ compensation, but were volunteers; receipt of wages is the distinguishing factor).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Bosse v. Portsmouth green
nh · 1967
2 sentences

1997Bosse v. City of Portsmouth, 107 N.H. 523 , 226 A.2d 99 (1967); Concordia Collegiate Institute v. Miller, 301 N.Y. 189 , 93 N.E.2d 632 (1950).

1997Bosse v. City of Portsmouth, 107 N.H. 523 , 226 A.2d 99 (1967); Concordia Collegiate Institute v. Miller, 301 N.Y. 189 , 93 N.E.2d 632 (1950).

21997–1997
Concordia Collegiate Institute v. Miller green
ny · 1950
2 sentences

1997Bosse v. City of Portsmouth, 107 N.H. 523 , 226 A.2d 99 (1967); Concordia Collegiate Institute v. Miller, 301 N.Y. 189 , 93 N.E.2d 632 (1950).

1997Bosse v. City of Portsmouth, 107 N.H. 523 , 226 A.2d 99 (1967); Concordia Collegiate Institute v. Miller, 301 N.Y. 189 , 93 N.E.2d 632 (1950).

21997–1997
Town of Coloma v. Eaves green
scotus · 1876
2 sentences

1912We cannot conclude that these decisions of the court have intended a departure from .the uniform rule of the supreme court of .the United States, where the question of authority or power was involved, and as stated in Dixon County v. Field, 111 U. S., 83 , where the court said: “This principle is the essence of the rule declared upon this point, by this court, in the well considered words of Mr. Justice Strong, in Coloma v. Eaves, 92 U. S., 484 , where he states (p. 491, 582) that it is, ‘Where it may be gathered from the legislative enactment that the officers of the municipality were investe

1912We cannot conclude that these decisions of the court have intended a departure from .the uniform rule of the supreme court of .the United States, where the question of authority or power was involved, and as stated in Dixon County v. Field, 111 U. S., 83 , where the court said: “This principle is the essence of the rule declared upon this point, by this court, in the well considered words of Mr. Justice Strong, in Coloma v. Eaves, 92 U. S., 484 , where he states (p. 491, 582) that it is, ‘Where it may be gathered from the legislative enactment that the officers of the municipality were investe

21912–1912
Dixon County v. Field green
scotus · 1884
2 sentences

1912We cannot conclude that these decisions of the court have intended a departure from .the uniform rule of the supreme court of .the United States, where the question of authority or power was involved, and as stated in Dixon County v. Field, 111 U. S., 83 , where the court said: “This principle is the essence of the rule declared upon this point, by this court, in the well considered words of Mr. Justice Strong, in Coloma v. Eaves, 92 U. S., 484 , where he states (p. 491, 582) that it is, ‘Where it may be gathered from the legislative enactment that the officers of the municipality were investe

1912We cannot conclude that these decisions of the court have intended a departure from .the uniform rule of the supreme court of .the United States, where the question of authority or power was involved, and as stated in Dixon County v. Field, 111 U. S., 83 , where the court said: “This principle is the essence of the rule declared upon this point, by this court, in the well considered words of Mr. Justice Strong, in Coloma v. Eaves, 92 U. S., 484 , where he states (p. 491, 582) that it is, ‘Where it may be gathered from the legislative enactment that the officers of the municipality were investe

21912–1912
Illinois v. City of Milwaukee green
scotus · 1972
2 sentences

2025They did so based on "an overriding federal interest in the need for a uniform rule of decision" or because the controversy in question "touche[d] basic interests of federalism." Milwaukee I , 406 U.S. at 105 n.6. ¶86 The interstate nature of the alleged pollution in the above-referenced cases constituted an overriding federal interest necessitating "a uniform rule of 40 decision." See id. (explaining that "the pollution of a body of water such as Lake Michigan bounded, as it is, by four States" presents "demands for applying federal law"); Tex. Indus., Inc. , 451 U.S. at 641 (noting that "the

2025They did so based on "an overriding federal interest in the need for a uniform rule of decision" or because the controversy in question "touche[d] basic interests of federalism." Milwaukee I , 406 U.S. at 105 n.6. ¶86 The interstate nature of the alleged pollution in the above-referenced cases constituted an overriding federal interest necessitating "a uniform rule of 40 decision." See id. (explaining that "the pollution of a body of water such as Lake Michigan bounded, as it is, by four States" presents "demands for applying federal law"); Tex. Indus., Inc. , 451 U.S. at 641 (noting that "the

12025–2025
Town of Telluride v. San Miguel Valley Corp. green
colo · 2008
1 sentence

2018But, Telluride did not adopt a uniform rule for what constitutes a lawful public purpose “because of the difficulty of capturing the permissible range of local and municipal projects with a static 9 test.”6 Id. at 167 .

12018–2018
Comstock v. Larimer & Weld Reservoir Co. neutral
colo · 1914
1 sentence

2009As we stated in Comstock: [UJsers and consumers of water ... in one district cannot make and apply regulations in the administration of their priorities according to their own interpretation of them, and to meet their needs as they think they should be met; but the waters of a division must be distributed to all consumers under the uniform rule provided by law. 58 Colo. at 202 , 145 P. at 705.

12009–2009
United States v. Thirty-Seven (37) Photographs green
scotus · 1971
2 sentences

1995However, in United States v. Thirty-Seven Photographs, 402 U.S. 363, 373 , 91 S.Ct. 1400, 1406-07 , 28 L.Ed.2d 822 (1971), the Court interpreted a federal statute that imposed a prior restraint to require judicial review to be sought within fourteen days.

1995However, in United States v. Thirty-Seven Photographs, 402 U.S. 363, 373 , 91 S.Ct. 1400, 1406-07 , 28 L.Ed.2d 822 (1971), the Court interpreted a federal statute that imposed a prior restraint to require judicial review to be sought within fourteen days.

11995–1995
Salute v. Pitchess green
calctapp · 1976
2 sentences

1994It is the duty of the sheriff to make such an investigation and determination, on an individual basis, on every application under [the statute]. *145 Salute v. Pitchess, 61 Cal.App.3d at 560-61 , 132 Cal.Rptr. at 347 .

1994It is the duty of the sheriff to make such an investigation and determination, on an individual basis, on every application under [the statute]. *145 Salute v. Pitchess, 61 Cal.App.3d at 560-61 , 132 Cal.Rptr. at 347 .

11994–1994
Arthur G. Hageman v. City Investing Company and the Home Insurance Company, Defendants green
ca2 · 1988
1 sentence

1991Hageman, 851 F.2d at 71 .

11991–1991
Container Corp. of America v. Franchise Tax Board green
scotus · 1983
1 sentence

1983Although the Supreme Court has described the three-factor formula as “a benchmark against which other apportionment formulas are judged,” Container Corp., 103 S.Ct. at 2943 , it has refused to impose a uniform rule on the states.

11983–1983
Orchard Court Development Co. v. City of Boulder green
colo · 1973
2 sentences

1974Orchard Development Company v. City of Boulder, 182 Colo. 361 , 513 P.2d 199 (1973).

1974Orchard Development Company v. City of Boulder, 182 Colo. 361 , 513 P.2d 199 (1973).

11974–1974
State v. Reilly green
· 1920
2 sentences

1948“But in State v. Reilly, 94 Conn. 698 , 110 Atl. 550 , we further said, on page 705, that in such an information ‘two separate issues are presented: first, was the defendant guilty of the crime charged?

1948“But in State v. Reilly, 94 Conn. 698 , 110 Atl. 550 , we further said, on page 705, that in such an information ‘two separate issues are presented: first, was the defendant guilty of the crime charged?

11948–1948
Home Telephone & Telegraph Co. v. City of Los Angeles green
scotus · 1908
1 sentence

1916The uniform rule in this respect was stated in Home Telegraph Co. v. Los Angeles, 211 U. S. 265 , 53 L.

11916–1916
Garfield v. United States Ex Rel. Allison green
scotus · 1908
1 sentence

1916The uniform rule in this respect was stated in Home Telegraph Co. v. Los Angeles, 211 U. S. 265 , 53 L.

11916–1916
Golden Canal Co. v. Bright green
colo · 1884
1 sentence

1895Golden Canal Co. v. Bright, 8 Colo. 144 ; People ex rel.

11895–1895

Where else courts name it

CA 185 (1862–2026) IL 101 (1862–2022) TX 88 (1883–2025) NC 78 (1883–2026) OK 75 (1901–2024) IA 74 (1862–2026) NY 68 (1835–2024) OR 51 (1890–2026) MI 48 (1897–2020) PA 45 (1840–2026) MO 44 (1858–1993) WA 42 (1897–2020) OH 41 (1860–2026) NM 40 (1915–2024) IN 39 (1874–2013) NJ 37 (1839–2025) LA 37 (1920–2015) KY 33 (1895–2024) WV 30 (1900–2021) KS 29 (1877–2021) NE 29 (1876–2022) MD 22 (1897–2024) CO 21 (1895–2025) WI 21 (1860–2023) AR 19 (1877–2015) MN 19 (1883–2018) CT 19 (1857–2023) FL 17 (1926–2011) GA 16 (1904–2022) TN 14 (1949–2019) WY 14 (1916–2006) AL 13 (1884–2008) AZ 13 (1932–2020) MA 12 (1841–2023) MT 12 (1922–2022) NV 10 (1867–2016) DC 9 (1974–2009) MS 8 (1953–2020) ME 7 (1903–2016) VA 7 (1918–2006) NH 6 (1867–2016) RI 6 (1867–2006) DE 6 (1942–2000) ID 6 (1906–2020) AK 5 (1995–2024) UT 5 (2004–2017) SD 5 (1909–2015) HI 4 (1883–1952) SC 4 (1939–2026) ND 4 (1904–2025) PR 4 (1916–1961) VI 3 (2009–2015) VT 2 (1994–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check