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PERL-MACK ENTER., CO. v. CITY & COUNTY OF DENVER

No. 27463.

568 P.2d 468 (1977)

PERL-MACK ENTERPRISES CO., a Colorado Corporation, Plaintiff-Appellee, v. The CITY AND COUNTY OF DENVER, a Municipal Corporation, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 26, 1977.

Attorney(s) appearing for the Case

Holme, Roberts & Owen, Peter H. Holme, Jr., Bruce F. Heitler, Denver, for plaintiff-appellee.

Max P. Zall, City Atty., Brian H. Goral, Asst. City Atty., Denver, for defendant-appellant.

CARRIGAN, Justice.

Plaintiff-appellee Perl-Mack Enterprises Co. (Perl-Mack) sought a judgment declaring that a "Memorandum of Agreement" entered into with defendant-appellant City and County of Denver (Denver) exempted them from a fee charged by Denver for new sewer connections.

Perl-Mack is the successor-in-interest of Miller Enterprises, Inc. (Miller), which was the original party to the Memorandum of Agreement entered into with Denver on June 30, 1965....

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