No. 23933.

450 P.2d 653 (1969)

George H. BROOKS, R. C. Husman, Mary L. Wilkinson, Richard A. Perchlik, and Carlos Leal, Jr., aka Charlie Leal, Jr., Plaintiffs in Error, v. Dorothy M. ZABKA, George W. Hall, Thomas A. Rapp, Jr., James P. Rucker, Jr., L. Wayne Wells, Charles A. Gregory, and Harold L. Hyde, individually and as Members of the City Council of Greeley, Colorado, Barton Buss, individually and as City Clerk of the City of Greeley, Colorado, and the City of Greeley, a Municipal corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

February 24, 1969.

Attorney(s) appearing for the Case

William E. Shade, Greeley, for plaintiff in error.

William E. Bohlender, Greeley, for defendants in error.

Kenneth G. Bueche, Boulder, amicus curiae.

PRINGLE, Justice.

The plaintiffs in error, electors of Greeley, Colorado, presented their petition to the city council of Greeley, a home rule city, requesting that a newly-enacted sales tax ordinance (Ordinance No. 34 (1968)) be referred to a vote of the people. Upon the refusal of the city council, this action was filed in the District Court. The defendants in error filed their answer and moved for summary judgment. After hearing argument on the motion, the trial...

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