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BERNZEN v. CITY OF BOULDER

No. 26505.

525 P.2d 416 (1974)

George G. BERNZEN et al., Plaintiffs-Appellees, v. The CITY OF BOULDER, a municipal corporation organized under and by virtue of the laws of the State of Colorado, et al., Defendants-Appellants, v. Chester V. WELLS et al., Intervenors-Appellants.

Supreme Court of Colorado, En Banc.

August 12, 1974.

Attorney(s) appearing for the Case

Duncan A. Campbell, Paul Snyder, Jr., Boulder, for plaintiffs-appellees.

Christopher R. Brauchli, Boulder, for defendants-appellants Tate and Fuller, on the issue of succession only.

Walter L. Wagenhals, City Atty., Ronald B. Porter, Deputy City Atty., Boulder, for defendants-appellants, City of Boulder, Colo., and Carl Chapel, City Clerk.

Dosh, DeMoulin, Anderson & Campbell, Edward H. Haffey, Denver, for intervenors-appellants.

Jeremy Shamos, Denver, for amici curiae, The Center for Law and Research and American Civil Liberties Union of Colo.

KELLEY, Justice.

This appeal challenges the judgment of the Boulder County District Court which permanently enjoined an election for the recall of two city councilmen, Penfield Tate and Timothy Fuller, because of the insufficiency of the petitions for recall certified by the City Clerk of Boulder on May 2, 1974. The judgment also held, in the event an election were to be held, that both councilmen could run as candidates to succeed themselves in the same election...

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