No. 81SA146.

632 P.2d 1017 (1981)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF EAGLE, and the Land Use Commission of the State of Colorado, Petitioners, v. The DISTRICT COURT IN AND FOR THE CITY AND COUNTY OF DENVER, and Judge Robert T. Kingsley, and the City and County of Denver Acting By and Through Its Board of Water Commissioners, Respondents, and The City of Colorado Springs, Intervenor.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 14, 1981.

Attorney(s) appearing for the Case

Beth A. Whittier, Eagle County Atty., Eagle, Kirkland & Ellis, Henry W. Ipsen, Raymond L. Petros, Denver, Gerald E. Dahl, Frisco, for Bd. of County Com'rs of the County of Eagle, Colo.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Marshall D. Brodsky, Asst. Atty. Gen., Natural Resources Section, Denver, for Colorado Land Use Com'n.

Wayne D. Williams, Henry C. Teigen, Michael L. Walker, Saunders, Snyder, Ross & Dickson, Eugene F. Megyesy, Jr., Martha Phillips Feiten, Denver, for respondents.

James G. Colvin, II, City Atty., Tad S. Foster, Asst. City Atty., Colorado Springs, for intervenor.

LEE, Justice.

In this original proceeding, a joint petition pursuant to C.A.R. 21 was filed by the petitioners (defendants in the district court) seeking relief in the nature of prohibition and mandamus. We issued our rule to show cause why the relief prayed for should not be granted. We now make the rule absolute.

The controversy before us arises out of the Denver district court's denial of a motion for change of venue filed by the Board of County Commissioners...

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