SMITH v. CITY OF ARVADA

No. 21898.

429 P.2d 308 (1967)

Howard D. SMITH et al., Plaintiffs in Error, v. CITY OF ARVADA, a Municipal Corporation et al., Defendants in Error.

Supreme Court of Colorado, In Department.

June 26, 1967.


Attorney(s) appearing for the Case

Nathan I. Golden, John T. Dugan, Denver, for plaintiffs in error.

Sonheim, Whitworth & Helm, Arvada, for defendants in error.


SUTTON, Justice.

Plaintiffs in error, consisting of Howard D. Smith and fifty-seven other homeowners as plaintiffs in the trial court, claiming that certain streets should be black-topped, sued the City of Arvada, a municipal corporation, its mayor, city council and certain other city officials as well as three house building corporations and a named realtor. The complaint contained two claims.

A motion to dismiss was filed by the City and the various defendant...

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