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BEART v. CITY OF ARVADA

No. 20883.

412 P.2d 902 (1966)

Reinhold C. BEART and Katherine Beart, Plaintiffs in Error, v. The CITY OF ARVADA, a municipal corporation of the State of Colorado, Gail H. Gilbert, individually and as Mayor of the City of Arvada, James L. Jensen, individually and as City Manager of the City of Arvada, Charles Weinrich, individually and as Acting Superintendent of Sewer and Water of the City of Arvada, W. H. Nicholas, individually and as Sewer Plant Superintendent of the City of Arvada, and R. F. Wheeler, Ray S. Fitzmorris, Manley I. Gray, Charles E. Rhyne, Joseph B. Weber, and Robert Joseph Sullivan, individually and as City Council of the City of Arvada, Defendants in Error.

Supreme Court of Colorado, In Department.

April 4, 1966.

Attorney(s) appearing for the Case

Ronald Lee Cooke, Denver, for plaintiffs in error.

Robert H. Sonheim, Dale Helm, Arvada, for defendants in error.

MOORE, Justice.

We refer to plaintiffs in error as the plaintiffs and to defendants in error as the defendants.

The action was commenced by the plaintiffs who sought to recover damages allegedly sustained as a result of the illegal operation by the defendants of a sewer system and sewage disposal plant. Plaintiffs also sought injunctive relief.

It was alleged in the complaint that the plaintiffs owned real estate in the city of Arvada upon which they...

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