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FOUR-COUNTY MET. C. I. DIST. v. BOARD OF COUNTY COM'RS

No. 20114.

369 P.2d 67 (1962)

FOUR-COUNTY METROPOLITAN CAPITAL IMPROVEMENT DISTRICT; Robert S. Wham, Frank K. Southworth, James M. Small, Willard M. Greim, Morgan Guenther, Walter Kestich, Gail Gilbert, David Dunklee, Joe Lewis, Malcolm O'Shea, Del J. Cimyott and Hilbert B. Meyer, as members of the Board of Directors of the said Four-County Metropolitan Capital Improvement District, and Edward Philip Kurz, Executive Director of said District, Petitioners, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ADAMS, State of Colorado, City of Brighton, Colorado, City of Aurora, Colorado, J. V. Overstake, Dell A. Styers, H. C. Snyder, Edgar Knox, The District Court In and For the County of Adams and State of Colorado, and Hon. Clifford J. Gobble, Judge, thereof, Respondents, P. R. Hamilton, Arthur Ray Phillips, John L. Kane, Joseph M. Harris, Clarence A. Rutz, The Town of Bennett and The Town of Deer Trail, Intervenors.

Supreme Court of Colorado. En Banc.

Rehearing Denied March 3, 1962.

Attorney(s) appearing for the Case

Fred M. Winner, Pierpont Fuller, John M. Evans, Denver, for petitioners.

William Pehr, County Atty. for Adams County, Westminster, Charles Ginsberg, Sp. Counsel for Adams County, Denver, for Bd. of County Comrs. of Adams County.

Orrel A. Daniel, City Atty., Brighton, for Brighton.

Edward A. Brown, Leonard H. McCain, Brighton, for taxpayers and old age pensioners.

Bernard V. Berardini, City Atty., Aurora, for Aurora.

David J. Hahn, Bentley M. McMullin, Aurora, for intervenors.

MOORE, Justice.

In this proceeding we are required to determine whether the Four-County Metropolitan Capital Improvement District, the creation of which was authorized by S. L. 1961, chapter 179, can constitutionally exercise the powers purportedly bestowed on it by the terms of said Act. Numerous grounds of alleged invalidity of the Act have been presented in extended oral argument and in the written briefs of counsel who have appeared on behalf of those whose interests...

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