City & County of Denver v. Northern Colorado Water Conservancy District

On Supplemental Motions and Petition for Rehearing.

Statement of

Mr. Justice Holland.

The position of Mr. Justice Moore, Mr. Justice Knauss and myself, taken at the time of the announcement of the majority opinion herein, and to which we still adhere, admits of no uncertainty; however, in the fulfillment of the processes of our Court there comes a time when the minority, as is expected of the parties, litigant and the public, must accept and adhere to the finality of the majority opinion. Therefore with this correct procedure in mind, I had no hesitancy, after the regularly allowed motion for rehearing was denied on December 13, 1954, and the remittitur issued, to make the adopted motion that supplemental motions for rehearing and motions for further relief and to recall the remittitur be denied, which were denied on January 3, 1955, and January 13, 1955, respectively. These motions and petitions were unanimously denied. Without the slightest participation as to the merits of the original case or the opinion therein, Mr. Justice Lindsley unhesitatingly participated in the matter of the denial of the last of the subsequent motions as proper procedure to establish finality as is proper in this, as well as other litigated cases.