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CADY v. CITY OF ARVADA

No. 71-300.

499 P.2d 1203 (1972)

O. E. CADY, d/b/a Reid Water System, Plaintiff-Appellee, v. The CITY OF ARVADA, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 5, 1972.

Certiorari Denied August 28, 1972.

Attorney(s) appearing for the Case

David J. Hahn, C. Thomas Bastien, Denver, for plaintiff-appellee.

Sonheim, Whitworth & Helm, Richard L. Whitworth, Arvada, for defendant-appellant.

Selected for Official Publication.

COYTE, Judge.

Plaintiff filed a complaint requesting damages for inverse condemnation or, in the alternative, for tortious interference with contractual relations. By stipulation, the case was tried as a suit for declaratory judgment with the sole issue being whether the water system owned and operated by plaintiff was entitled to the legal status of a public utility and, thus, protected from encroachment by the city. The...

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