Hall v. City and County of Denver

Plaintiffs in error, as plaintiffs in the trial court, instituted a proceeding in the nature of mandamus to review the action of the Election Commission of the City and County of Denver in refusing to approve and certify a petition for the submission of an initiated measure to the electorate at the next ensuing city election. The complaint alleges that the proposed initiated measure undertakes to declare what is known as the "Old Court House Square" in Denver to be a public park. Motions to dismiss and to strike were filed by all of the defendants. The trial court sustained the motions, but afforded plaintiffs an opportunity to amend; the latter, however, elected to stand upon their complaint as drawn; judgment of dismissal was duly entered, to review which, plaintiffs bring the case here by writ of error. The case was docketed here on the 31st day of March, 1947; the reply brief was filed on December 29, 1947. The case was then immediately set for oral argument, which was had on January 5, 1948.