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CITY OF AURORA v. ZWERDLINGER

No. C-1102.

571 P.2d 1074 (1977)

CITY OF AURORA, Colorado, a Municipal Corporation, Petitioner, v. Jack ZWERDLINGER, Morris Dickhart and Jo Coates, Individually and as representatives of a class of persons signing that certain referendum petition protesting the going into effect of Ordinance No. 74-146 enacted by the City Council of the City of Aurora, Colorado, and entitled "Utility Rates," and establishing rates for water services in the City of Aurora, Colorado, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 21, 1977.

Attorney(s) appearing for the Case

Leland M. Coulter, Richard Kaufman, Aurora, for petitioner.

Bader & Dufty, Robert A. Dufty, Denver, for respondents.

Dawson, Nagel, Sherman & Howard, Robert M. Johnson, Michael L. Cheroutes, Jane E. Roberts, Denver, for amicus curiae, The Colorado Municipal Bond Dealers Association, Inc.

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

ERICKSON, Justice.

We granted certiorari to review the court of appeals' decision in City of Aurora v. Zwerdlinger, Colo.App., 558 P.2d 998 (1976).

On July 22, 1974, the Aurora City Council enacted Ordinance No. 74-146, raising the rates and charges for water supplied by the city. This ordinance was passed to satisfy the requirements of Ordinance No. 73-221. In the earlier ordinance, the city had authorized the issuance...

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