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CITY OF AURORA v. ZWERDLINGER

No. 75-791.

558 P.2d 998 (1976)

CITY OF AURORA, Colorado, a Municipal Corporation, Plaintiff-Appellee, v. Jack ZWERDLINGER et al., Defendants-Appellants, J. D. Macfarlane, Attorney General of the State of Colorado, Defendant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing October 21, 1976.

Certiorari Granted January 17, 1977.

Attorney(s) appearing for the Case

Leland M. Coulter, Richard Kaufman, Aurora, for plaintiff-appellee.

Bader & Dufty, Robert A. Dufty, Denver, for defendants-appellants.

Dawson, Nagel, Sherman & Howard, Robert M. Johnson, Michael L. Cheroutes, Denver, for amicus curiae Colorado Municipal Bond Dealers Assn., Inc.

Susan K. Griffiths, Wheat Ridge, for amicus curiae Colorado Municipal League.

VanCISE, Judge.

On July 22, 1974, the Aurora City Council enacted Ordinance No. 74-146 (the ordinance), in which the rates, fees and charges for water supplied to residents of the city were raised. A referendum petition, proper in form and content and bearing sufficient signatures, was timely filed with the city. The petitioners protested the ordinance and demanded that, if the ordinance were not repealed by the council, the matter be submitted to a vote of the qualified...

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