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Trinity Broadcasting of Denver Inc. v. City of Westminster3/15/1993
untain States Beet Growers Mktg. Ass'n v. Monroe, 84 Colo. 300, 308, 269 P. 886, 888 (1928) ("It is the general rule and practice both in the federal and state courts not to pass upon constitutional questions unless it is essential to the Disposition of the pending cause."). Because we need not resolve the constitutionality of the statute's application for the district court to resolve the jurisdictional issue and because the court may well resolve that issue in a way that such review will never be necessary, I find the majority's treatment of this issue premature.
JUSTICE KIRSHBAUM and JUSTICE VOLLACK join in this concurrence and Dissent.
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