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ODD FELLOWS BLDG. & INV. v. CITY OF ENGLEWOOD

No. 83SA22.

667 P.2d 1358 (1983)

The ODD FELLOWS BUILDING & INVESTMENT COMPANY, a Colorado corporation, Plaintiff-Appellee, v. The CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado; the City of Englewood, Acting By and Through Its City Council; Eugene Otis as a member of the City Council thereof; Beverly Bradshaw as a member of the City Council thereof; Joe Bilo as a member of the City Council thereof; Thomas Fitzpatrick as a member of the City Council thereof; John Neal as a member of the City Council thereof; Jim Higday as a member of the City Council thereof; Betty Keena as a member of the City Council thereof, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

June 13, 1983.

Attorney(s) appearing for the Case

Broadhurst & Petrock, J.J. Petrock, Kenneth J. Broadhurst, Frederick A. Fendel, III, Denver, for plaintiff-appellee.

Lamm, Edstrom & Braymer, P.C., William O. Lamm, Blake T. Jordan, Denver, Rick DeWitt, City Atty., for Englewood, Englewood, for defendants-appellants.

ROVIRA, Justice.

We issued a rule to show cause why we should not stay judgment pending appeal, pursuant to C.A.R. 8. We now discharge the rule.

In 1980, the defendant-appellant City of Englewood (City) adopted an ordinance creating a special assessment district to finance construction of a parking facility, a "walk-through," and related improvements in downtown Englewood. The cost of parking improvements was to be assessed against each lot within the district...

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