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DALLASTA v. DEPARTMENT OF HIGHWAYS OF STATE

No. 20684.

387 P.2d 25 (1963)

May DALLASTA, Isabelle S. Metcalfe and Robert M. Roberts, Plaintiffs in Error, v. DEPARTMENT OF HIGHWAYS OF the STATE OF COLORADO, State Highway Commission, Mark U. Watrous, Chief Engineer of the Department of Highways, and City and County of Denver, a Municipal Corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

November 26, 1963.

Attorney(s) appearing for the Case

Henry & Keating, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Joseph M. Montano, Asst. Atty. Gen., John P. Holloway, Chief Highway Counsel, Denver, for defendants in error Department of Highways of State of Colorado, State Highway Commission, Mark U. Watrous, Chief Engineer of Department of Highways.

Robert S. Wham, Earl T. Thrasher, Denver, for City and County of Denver.

DAY, Justice.

We will refer to plaintiffs in error as plaintiffs and to the defendants in error as defendants, the order in which they appeared in the trial court.

Plaintiffs sought declaratory judgment in the district court of the City and County of Denver to have adjudicated as invalid City Ordinance No. 474, Series 1958. The ordinance is one which empowered the officials of the City and County of Denver to enter...

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