MOLLECK v. CITY OF GOLDEN

No. 94SA41.

884 P.2d 725 (1994)

Catherine P. MOLLECK, Plaintiff-Appellant, v. The CITY OF GOLDEN, Colorado; City Council of the City of Golden, Colorado; Marvin L. Kay, in his capacity as The Mayor of The City of Golden, Colorado, and as a member of The City Council of The City of Golden, Colorado; C. Richard Cuask, Matthew K. Faykosh, Leslie M. Hawkinson, John R. McInerney, Robert A. Ourada, and Jan C. Schenck, in their official capacities as members of The City Council of The City of Golden, Colorado; and George K. Baum & Company, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

November 29, 1994.


Attorney(s) appearing for the Case

Nichols & Hecht, L.L.C., Charles B. Hecht, Denver, for plaintiff-appellant.

Windholz & Associates, James A. Windholz, David S. Williamson, William P. Hayashi, Boulder, Holme Roberts & Owen, L.L.C., Patricia C. Tisdale, Erin M. Smith, Denver, Sp. counsel, for defendant-appellee City of Golden, and for defendants-appellees City Council of City of Golden, Marvin L. Kay, in his capacity as Mayor of City of Golden, and as a member of City Council of City of Golden, C. Richard Cuask, Matthew K. Faykosh, Leslie M. Hawkinson, John R. McInerney, Robert A. Ourada and Jan C. Schenck, in their official capacities as members of City Council of City of Golden.

Treece, Alfrey & Musat, P.C., Nancy L. Pearl, David T. Wexler, Denver, for defendant-appellee George K. Baum & Co.


Justice ERICKSON delivered the Opinion of the Court.

This appeal centers on an election on a sales tax and use tax issue held in the City of Golden. The plaintiff in the district court, Catherine Molleck (Molleck), filed a declaratory judgment action alleging the sales and use tax approved by the registered voters of the City of Golden was invalid. The defendant, City of Golden (City), filed a motion to dismiss asserting...

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