TOWN OF BRECKENRIDGE v. CITY & CTY. OF DENVER

No. 79SA132.

620 P.2d 1048 (1980)

The TOWN OF BRECKENRIDGE, Plaintiff-Appellant, v. The CITY AND COUNTY OF DENVER, acting BY AND THROUGH its BOARD OF WATER COMMISSIONERS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 15, 1980.


Attorney(s) appearing for the Case

Steven M. Hannon, Denver, for plaintiff-appellant.

Wayne D. Williams, Michael L. Walker, Denver, for defendant-appellee.


ROVIRA, Justice.

This is an appeal by the Town of Breckenridge (Breckenridge) from a ruling of the district court granting a motion filed by the City and County of Denver (Denver) to dismiss its complaint. We affirm.

In 1970 Breckenridge filed an application in Water Division No. 5, Case No. W-183, seeking an alternate point of diversion for its water rights. It retained an attorney at law to represent it in the water application proceeding. Coincident with...

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