Statute text
This article shall be known and may be cited as the "Uniform Declaratory Judgments Law".
History
Source: L. 23: p. 271, 16. CSA: C. 93, 92. CRS 53: 77-11-15. C.R.S. 1963: 77-11-15.
Annotations
Cross references: For declaratory judgments generally, see also C.R.C.P. 57.
Annotations
ANNOTATION
Annotations
Law reviews. For note, "The Colorado Declaratory Judgment Act", see 1 Rocky Mt. L. Rev. 52 (1928). For article, "Twenty-six Years Under the Colorado Declaratory Judgments Act", see 27 Dicta 177 (1950). For article, "Trusts and Estates", see 30 Dicta 435 (1953).
For constitutionality of the declaratory judgment act, see San Luis Power & Water Co. v. Trujillo, 93 Colo. 385, 26 P.2d 537 (1933).
This article is designed to afford parties relief from uncertainty with respect to their rights and status under law. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976); Mt. Emmons Mining Co. v. Town of Crested Butte, 690 P.2d 231 (Colo. 1984).
This article is to be liberally construed and administered. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976); Mt. Emmons Mining Co. v. Town of Crested Butte, 690 P.2d 231 (Colo. 1984); Trinen v. City & County of Denver, 725 P.2d 65 (Colo. App. 1986).
Who may seek judicial determination of rights. One whose rights are favorably affected by a statute is entitled to seek a judicial determination thereof so long as the court is provided with a properly adverse context. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976).
One whose rights or status may be affected by statute is entitled to have any question of construction determined provided that a substantial controversy between adverse parties of sufficient immediacy to warrant the issuance of a declaratory judgment exists. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976).
Prerequisites to jurisdiction such as exhaustion of remedies apply when a party seeks declaratory relief from agency action. City & County of Denver v. United Air Lines, Inc., 8 P.3d 1206 (Colo. 2000).
Burden on moving party in summary judgment on constitutional issues in context of declaratory judgment. Party seeking declaratory relief must demonstrate challenged statute or ordinance will cause tangible detriment to its activities and that statute or ordinance is unconstitutional beyond a reasonable doubt. Mt. Emmons Mining Co. v. Town of Crested Butte, 690 P.2d 231 (Colo. 1984).
Time limitations of appeal process cannot be circumvented by attempting to obtain declaratory relief. Trinen v. City & County of Denver, 725 P.2d 65 (Colo. App. 1986).
This statute neither expands nor contracts the jurisdiction of Colorado's courts. In creating a new remedy the general assembly did not by implication grant political subdivisions of the state the right to sue the state. Romer v. Fountain Sanitation Dist., 898 P.2d 37 (Colo. 1995); City & County of Denver v. United Air Lines, Inc., 8 P.3d 1206 (Colo. 2000).
Applied in Bd. of County Comm'rs v. Fifty-first Gen. Ass'y, 198 Colo. 302, 599 P.2d 887 (1979); Citizens for Free Enter. v. Dept. of Rev., 649 P.2d 1054 (Colo. 1982); Denver & R. G. W. R. R. v. City & County of Denver, 673 P.2d 354 (Colo. 1983).