371 P.2d 442 | Colo. | 1962
delivered the opinion of the Court.
In effect, the act in question provides that when a resident of a county not within a Junior College District attends a junior college in this state, the county of such student’s residence should each year during his attendance levy and collect $500 for such student, which sum should be paid to a state fund which in turn would pay the same to the Junior College District wherein the junior college which the student attends is located.
The plaintiffs served a copy of the complaint and summons upon the defendant Board of County Commissioners and upon the Attorney General of the State of Colorado as required by Rule 57. The Junior College Districts were not joined as parties defendant in the original action, but within the 20 days permitted to answer the complaint filed a motion asking leave to intervene in the action, alleging in effect that they had an interest which would be affected by the declaration, namely, that if the act were declared to be unconstitutional and the relief sought were to be granted they would be deprived of the revenues provided for their benefit by House Bill No. 360. The parties seeking to intervene agreed to be ready for trial on the date set.
The court denied the petitioner’s motion to intervene and, after motion for new trial was denied, petitioners brought error here. We stayed further proceedings in the trial court until the question of intervention was determined.
Rule 57, under which this suit was begun, and C.R.S. ’53, 77-11-11, which is the Declaratory Judgments Act of the State of Colorado, provide that all persons who claim an interest in the litigation which would be affected by the declaration sought shall be made parties.
The case is reversed and the cause is remanded to the trial court with directions to permit the intervention of the Junior College Districts and thereupon to proceed to final determination of the matter.
Mr. Justice Sutton not participating.