Opinion
No. 18,088.
Decided September 23, 1957. Rehearing denied October 14, 1957.
Action by plaintiffs as taxpayers residing outside of city to enjoin city from collecting rates for water service in excess of rates charged within city limits. Judgment of dismissal.
Affirmed.
1. APPEAL AND ERROR — Failure to State Claim — Dismissal. A determination by the trial court that plaintiffs' complaint fails to stat a cause of action upon which relief could be granted, supported by the record, will not be disturbed on review.
Error to the District Court of El Paso County, Hon. John M. Meikle, Judge.
Mr. JOHN H. GATELY, for plaintiffs in error.
Mr. F. T. HENRY, Mr. LOUIS JOHNSON, for defendant in error.
PLAINTIFFS in error were plaintiffs in the trial court. In their complaint they sought to prevent the City of Colorado Springs from charging rates from water service outside the corporate limits of the city which were in excess of the rates collected for the same service supplied to customers within the corporate limits. They allege that the rates to which they object are discriminatory and ask the court to enjoin the collection thereof. They further ask for an accounting and a refund of monies theretofore collected from them by the city for said water service.
The City of Colorado Springs filed a motion to dismiss. The pertinent ground stated in the motion was that the complaint failed to state a claim upon which relief could be granted. The trial court sustained the motion to dismiss and entered appropriate judgment.
We agree with the trial court on this issue, and the judgment accordingly is affirmed.
MR. JUSTICE HOLLAND, MR. JUSTICE HALL and MR. JUSTICE FRANTZ concur.