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BONACCI v. CITY OF AURORA

No. 79CA0269.

606 P.2d 1308 (1979)

Joseph BONACCI, Jr., Plaintiff-Appellant, v. CITY OF AURORA and Fire Department Pension Board, Defendants-Appellees.

Colorado Court of Appeals, Division II.

Rehearing Denied October 18, 1979.

Certiorari Granted February 25, 1980.

Attorney(s) appearing for the Case

Dickson & Dickson, Charles B. Dickson, Greeley, for plaintiff-appellant.

William R. Sprague, Acting City Atty., Louise L. Edmonds, Acting Deputy City Atty., Aurora, for defendants-appellees.

RULAND, Judge.

Plaintiff brought this declaratory judgment action against the City of Aurora and its Fire Department Pension Board, challenging the Board's denial of his request for retirement. The district court dismissed the action, ruling that plaintiff's exclusive remedy was certiorari review under C.R. C.P. 106(a)(4). We affirm.

Plaintiff was hired by the Aurora Fire Department in January of 1957. Under the ordinances and rules then in effect, fire department...

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