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Colorado Association of Public Employees v. Board of Regents of University of Colorado12/24/1990
public purpose, the provision of health care to the citizens of the state, the prohibitions of Article XI are inapplicable. See Witcher v. Canon City, 716 P.2d 445, 455 (Colo. 1986); Gude v. City of Lakewood, 636 P.2d 691, 695 n.2 (Colo. 1981); In re Interrogatories by the Colorado State Senate, 193 Colo. 298, 306-07, 566 P.2d 350, 356 (1977); McNichols v. City and County of Denver, 131 Colo. 246, 280 P.2d 1096 (1955). In considering a substantially similar challenge to a lease transaction between the Arizona Board of Regents and University Medical Center Corporation, the Arizona Supreme Court, after reviewing the structure of the reorganized University Hospital, held, "In the instant case, it cannot be seriously contended that the existence of UMCC as a nonprofit hospital does not serve a public purpose." Kromko v. Arizona Bd. of Regents, 149 Ariz. 319, 718 P.2d 478, 480 (1986). Accord Queen v. West Virginia Univ. Hosps., Inc., 365 S.E.2d 375, 381 (W. Va. 1987) (quoting with approval). The Court concurs with the analysis of Kromko that H.B. 1143 plainly serves a public purpose within the meaning of Article XI of the Colorado Constitution, as interpreted by the decisions of the Colorado Supreme Court.
ABANDONED CLAIMS
45. The Court finds that Plaintiffs have abandoned their claims that H.B. 1143 violates Colo. Const. art. V, § 34 or art. XI, § 2, that it constitutes an unconstitutional impairment of contractual obligations, that it violates due process, and that Plaintiffs have abandoned their claims under 42 U.S.C. § 1983.
ConclusionS AND JUDGMENT
46. The power of the General Assembly is plenary, unless specifically limited by the Constitution. The constitutionality of H.B. 1143 is presumed unless Plaintiffs demonstrate unconstitutionality beyond a reasonable doubt. Plaintiffs have failed to meet their burden of proof.
47. Accordingly, this Court declares that H.B. 1143 is constitutional, and judgment is entered in favor of Defendants and against Plaintiffs. Costs shall be taxed as provided for in the Colorado Rules of Civil Procedure.
DATED this 31st day of October, 1989.
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