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BIRD v. CITY OF COLORADO SPRINGS

No. 25950.

507 P.2d 1099 (1973)

Michael BIRD, Plaintiff-Appellee, v. CITY OF COLORADO SPRINGS, a municipal corporation in the State of Colorado; and Robert E. Parker, as Clerk of Colorado Springs in his official capacity, Defendants-Appellants, City of Boulder, Amicus Curiae.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 9, 1973.

Attorney(s) appearing for the Case

James W. Kin, Thomas R. Cross, Frank W. Davis, Phillip A. Kendall, Colorado Springs, for plaintiff-appellee.

Gordon D. Hinds, Colorado Springs, for defendants.

Walter L. Wagenhals, City Atty., Boulder, for amicus curiae, City of Boulder.

GROVES, Justice.

Article II, Section 4 of the Colorado Springs City Charter provides as follows:

"No person shall be eligible to the office of Mayor or Councilman unless he be a citizen of the United States, at least twenty-five (25) years of age, and shall have been for five years immediately preceding such election a citizen of the City of Colorado Springs, and for two years immediately preceding his election, shall have paid City taxes."

The plaintiff...

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