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TOWN OF FORT LUPTON v. UNION PACIFIC RAILROAD COMPANY

No. 20719.

399 P.2d 248 (1965)

TOWN OF FORT LUPTON, Colorado, Van K. Carlson, as Treasurer of the Town of Fort Lupton, Colorado, Lee J. Vetter, as Mayor of the Town of Fort Lupton, Colorado, and as Chairman of the Board of Trustees of the Town of Fort Lupton, Colorado, and T. R. Endter, John R. Grieve, R. E. Herbst, William A. Mallory, R. J. Vincent, Jr., all as members of the Board of Trustees of the Town of Fort Lupton, Colorado, Plaintiffs in Error, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied March 8, 1965.

Attorney(s) appearing for the Case

R. Paul Brown, Fort Lupton, Myles P. Tallmadge, Robert C. Tallmadge, William O. Lamm, Denver, for plaintiffs in error.

Knowles & Knowles, James F. Culver, Denver, for defendant in error.

DAY, Justice.

We will refer to plaintiffs in error collectively as the City and to defendant in error as the Railroad.

Trial was to the court on a stipulated set of facts.

The Board of Trustees of the City adopted a resolution creating a street improvement district in Fort Lupton. They acted upon the petition of certain property owners who sought curbs, gutters and pavement for streets fronting on their property. The Railroad was not among the petitioners...

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