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BROWNBRIAR ENTERPRISES, INC. v. CITY & CO. OF DENVER

No. 23862.

493 P.2d 352 (1972)

BROWNBRIAR ENTERPRISES, INC., a Colorado corporation, and Greenbriar Enterprises, Inc., a Colorado corporation, Plaintiffs in Error, v. CITY AND COUNTY OF DENVER, a Municipal Corporation of the State of Colorado, and Cherry Creek Valley Water and Sanitation District, a Quasi-Municipal corporation of the State of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied February 22, 1972.

Attorney(s) appearing for the Case

Francis R. Salazer, Bailey Belfor, Norman E. Berman, Denver, for plaintiffs in error.

Max P. Zall, City Atty., James H. Snyder, Gerald Himelgrin, Asst. City Attys., Denver, for defendant in error City and County of Denver.

Wallace & Hahn, David J. Hahn, Denver, for defendant in error Cherry Creek Valley Water and Sanitation Dist.

LEE, Justice.

This writ of error is directed to a declaratory judgment entered by the District Court of the City and County of Denver requiring plaintiffs in error to pay to Cherry Creek Valley Water and Sanitation District charges for use of sanitary sewer facilities constructed and owned by the district. We find no error and therefore affirm the judgment.

Cherry Creek was organized pursuant to C.R.S.1963, 89-5-1 et seq. It constructed sewer trunk lines and...

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