Board of Education of School District No. 1 in the City and County of Denver v. Booth

984 P.2d 639 (1999)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Board of Education of School District No. 1 in the City and County of Denver v. Booth

Colorado Supreme Court
984 P.2d 639 (1999)

  • Written by Alexander Hager-DeMyer, JD

Facts

Members of the Denver Public Schools committee applied to create the Thurgood Marshall Charter Middle School (charter school). The Board of Education of School District No. 1 in the City and County of Denver (school board) (defendant) denied the charter school’s application. The charter school appealed to the Colorado State Board of Education (state board), which reversed the school board’s decision and remanded it for reconsideration. The school board again denied the application, and the charter school filed a second appeal to the state board. The Charter School Act, which governed the application process for charter schools, contained a specific second-appeal provision allowing the state board to approve a rejected charter-school application if the state board found approval to be in the best interest of the students, school district, or community. The state board found approval of the charter school to be in these best interests and ordered the school board to approve the application and to provide status updates on the school’s creation. The school board refused to follow the state board’s orders. Cordia Booth and her associates, on behalf of the charter school (plaintiffs), filed suit in Colorado district court against the school board, seeking judicial enforcement of the state board’s orders. The state board intervened and joined Booth against the school board. The school board asserted that the second-appeal provision was unconstitutional and an overextension of the state board’s general supervision power under the Colorado Constitution. The school board further asserted that its own constitutional power over district instruction was controlling instead. The district court ruled in favor of Booth and the state board. The school board appealed to the Colorado Court of Appeals, which reversed. The parties appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Mullarkey, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership