The Pro's Closet, Inc., a Delaware corporation, Plaintiff-Appellant,
City of Boulder, Colorado, and Michael Dougherty, in his official capacity as the District Attorney for the 20th Judicial District of Colorado, Defendants-Appellees.
Boulder County District Court No. 17CV30652 Honorable Patrick
LaszloLaw, Theodore E. Laszlo, Jr., Michael J. Laszlo,
Boulder, Colorado; Sean Connelly, Denver, Colorado, for
A. Carr, City Attorney, Luis Toro, Senior Assistant City
Attorney, Boulder, Colorado, for Defendant-Appellee City of
Perlman, County Attorney, David Hughes, Deputy County
Attorney, Catherine R. Ruhland, Assistant County Attorney,
Boulder, Colorado, for Defendant-Appellee Michael Dougherty
1 Plaintiff, The Pro's Closet, Inc., appeals the district
court's summary judgment in favor of defendant, the City
of Boulder. The court ruled that Pro's Closet is a
"pawnbroker" as defined in section 29-11.9-101,
C.R.S. 2018, and is therefore subject to the requirements,
restrictions, and potential sanctions of the state pawnbroker
laws, sections 29-11.9-101 to -104, C.R.S. 2018. Because we
conclude that the district court didn't err in
interpreting the pawnbroker statutes, we affirm the judgment.
2 Pro's Closet is licensed in Boulder as a secondhand
dealer under the Boulder Revised Code. It sells used
bicycles, bicycle parts, and bicycle gear. Though it has a
warehouse in Boulder, Pro's Closet does most of its
3 In 2016, the Twentieth Judicial District's District
Attorney's Office told the Boulder Police Department to
treat Pro's Closet as a "pawnbroker" under
state law, meaning, among other things, that Pro's Closet
must hold used goods it buys for thirty days before reselling
them instead of ninety-six hours as required by the Boulder
Revised Code's secondhand dealer ordinances. See
§ 29-11.9-103(6), C.R.S. 2018; Boulder Rev. Code
4-17-10. Pro's Closet filed suit, seeking a declaratory
judgment that it isn't subject to state pawnbroker laws.
4 Both Pro's Closet and the City moved for summary
judgment. The district court granted the City's motion,
concluding that, since Pro's Closet regularly makes
"purchase transaction[s]" as defined by section
29-11.9-101(8), it is a pawnbroker under state law.
5 Pro's Closet argues on appeal that (1) the district
court erred in ruling that it is a pawnbroker under section
29-11.9-101; and (2) because Colorado's and the
City's secondhand dealer laws are more specific to its
business, it isn't subject to state pawnbroker
laws.We reject both arguments.
Pro's Closet is a Pawnbroker Under State Law
6 Pro's Closet argues first that the district court
incorrectly interpreted section 29-11.9-101 in concluding
that it is a "pawnbroker."
Standard of Review and Interpretive Principles
7 We review issues of statutory interpretation de novo.
Colo. Oil & Gas Conservation Comm'n v.
Martinez, 2019 CO 3, ¶ 19.
8 In construing a statute, we look to the entire statutory
scheme to give consistent, harmonious, and sensible effect to
all of its parts, and we apply words and phrases in
accordance with their plain and ordinary meanings.
Id.; Denver Post Corp. v. Ritter, 255 P.3d
1083, 1088-89 (Colo. 2011). When the statutory language is
clear, we apply it as written, without resorting ...