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CITY OF ARVADA v. CITY & CO. OF DENVER, BD. OF W. COM'RS

No. 74-468.

539 P.2d 1294 (1975)

The CITY OF ARVADA, a Municipal Corporation, Plaintiff-Appellant, v. The CITY AND COUNTY OF DENVER, acting By and Through its BOARD OF WATER COMMISSIONERS, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing June 17, 1975.

Certiorari Granted September 22, 1975.

Attorney(s) appearing for the Case

Roger W. Noonan, City Atty., Arvada, Raphael J. Moses, Sp. Counsel, Boulder, for plaintiff-appellant.

Saunders, Snyder, Ross, P.C., Wayne J. Fowler, George L. Zoellner, Kenneth L. Broadhurst, J. J. Petrock, Michael L. Walker, Denver, for defendant-appellee.

Selected for Official Publication.

VanCISE, Judge.

The City of Arvada appeals from that part of a judgment declaring that the City of Denver may assess tap fee charges against new water users in the Arvada service area. We reverse.

In 1965, the parties contracted for Denver to sell and Arvada to buy water at rates1 based on a price per gallon delivered to Arvada's single metered delivery point. From that point, Arvada,...

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