Mobell v. Meyer , 172 Colo. 12 ( 1970 )

Mr. Justice Groves

dissenting:

I dissent for substantially the same reasons as expressed in my dissent in Goehring v. Board of County Commissioners of Larimer County, 172 Colo. 1, 469 P.2d 137, announced contemporaneously with the majority opinion. I would direct the district court to order the city council to conduct a hearing and to make findings in accordance with both the statute and the views expressed in the majority opinion. The court should further direct the council to enter an order granting or denying the license based upon those findings. Until this is done, I think this court should not make a determination as to whether the action of the council was arbitrary and without good cause. Such a determination by a court is necessary before that court can order the issuance of a license under 1967 Perm. Supp., C.R.S. 1963, 75-1-7(7).

Mr. Chief Justice McWilliams has authorized me to state that he joins in this dissent.