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DISTRICT 50 METROPOLITAN RECREATION DIST. v. BURNSIDE

No. 21645.

401 P.2d 833 (1965)

DISTRICT 50 METROPOLITAN RECREATION DISTRICT, a quasi-municipal corporation, Mary Ann Allen, Grace Evelyn Stalter, George Poland, Leonard V. LaGuardia and Emery G. Leathers, Plaintiffs In Error, v. L. D. BURNSIDE, County Assessor, Adams County, Colorado, et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

May 10, 1965.

Attorney(s) appearing for the Case

Pehr & Newman, Westminster, for plaintiffs in error.

David Berger, Commerce City, George Fischer, Brighton, for L. D. Burnside, County Assessor for Adams County, Colorado.

T. A. White, Kenneth D. Barrows, Jr., Denver, for Denver and Rio Grande Western Railroad, Northwest Terminal Railroad.

Mason, Reuler & Peek, Denver, for Brannan Sand and Gravel.

Akolt, Shepherd & Dick, Luis D. Rovira, Denver, for Mountain States Telephone and Telegraph Co.

Fairfield & Woods, Charles E. Matheson, Denver, for Sundstrand Machine Tool Co. and Hugh M. Woods Co.

Lee, Bryans, Kelly & Stansfield, Donald D. Cawelti, Denver, for Public Service Co.

Hodges, Silverstein & Harrington, Denver, for Broderick Wood Products.

Yegge, Hall, Treece & Evans, Raymond J. Connell, Denver, for Cooley Brothers Sand and Gravel Co.

W. L. Peck and J. C. Street, Denver, for Colorado and Southern Railroad and Chicago, Burlington and Quincy Railroad.

McWILLIAMS, Justice, delivered the opinion of the Court.

District 50 Metropolitan Recreation District, a quasi-municipal corporation, and certain named individuals by amended complaint brought a declaratory judgment action wherein they sought a declaration and order of court that 1960 Perm.Supp., CRS, Section 89-12-8 is unconstitutional for the reason that the statute purports to exempt certain property lying within the recreation district from taxation for the support...

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