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CHEROKEE WATER DISTRICT v. COLORADO SPRINGS

No. 25535.

519 P.2d 339 (1974)

CHEROKEE WATER DISTRICT, a Quasi-Municipal corporation of the State of Colorado and C. H. Clark, Jr., Plaintiffs-Appellants, v. COLORADO SPRINGS, a municipal corporation of the State of Colorado, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 19, 1974.

Attorney(s) appearing for the Case

Saunders, Snyder & Ross, P. C., John M. Dickson, Denver, for plaintiffs-appellants.

Gordon D. Hinds, City Atty., Horn, Anderson & Johnson, Louis Johnson, Colorado Springs, for defendant-appellee.

GROVES, Justice.

This is an appeal from a declaratory judgment. The action was brought by the Cherokee Water District in an attempt to have portions of a contract between the District and the City of Colorado Springs declared ultra vires, null and void and to have a ruling that the District has power to supersede the contractual provisions and to fix rates for water delivered to the City. The District was unsuccessful in its attempt. We affirm.

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