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BENNETT v. CITY OF FORT COLLINS

No. 26951.

544 P.2d 982 (1975)

Thomas W. BENNETT et al., Plaintiffs-Appellants, v. CITY OF FORT COLLINS, a Municipal Corporation, et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

January 26, 1975.

Attorney(s) appearing for the Case

Allen, Mitchell, Rogers & Metcalf, Jack D. Vahrenwald, Fort Collins, for plaintiffs-appellants.

March, March, Sullivan & Myatt, Arthur E. March, Jr., Fort Collins, for defendants-appellees.

Gandy & Roberts, H. Conway Gandy, Fort Collins, for defendant-appellee, William M. (Andy) Anderson.

PRINGLE, Chief Justice.

The people of the City of Fort Collins by vote at an election on May 23, 1972 amended the City Charter to require that the City Manager be elected by popular vote of the residents of the City. The City Council, in compliance with that provision, then set an election for April of 1975.

Plaintiffs, who are taxpayers and qualified electors in Fort Collins, thereupon filed a declaratory judgment suit in the Larimer County District Court...

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