Supreme Court Revives Xcel’s Challenge to Boulder Utility

Utility company can now seek declaratory judgment in district court

The City of Boulder’s plans to form its own utility saw a setback last week when the Colorado Supreme Court delivered a highly anticipated decision.

On June 18, the state Supreme Court ruled that Xcel’s challenge to a Boulder ordinance to create a public utility was timely and viable, which allows the company’s complaint to proceed in district court. In doing this, the high court reversed the district court’s dismissal of the company’s complaint. While saying nothing about the merits of Xcel’s claims, the court breathed new life into a dispute that complicates Boulder’s bid to establish an electric utility.

To read this story and other complete articles featured in the June 25, 2018 print edition of Law Week Colorado, copies are available for purchase online.