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CITY OF GREELEY v. BD. OF CTY. COM'RS, ETC.

No. 81CA0377.

644 P.2d 76 (1981)

CITY OF GREELEY, Colorado; Town of Ault, Colorado; Town of Dacono, Colorado; Town of Erie, Colorado; City of Evans, Colorado; Town of Firestone, Colorado; Town of Frederick, Colorado; City of Fort Lupton, Colorado; Town of Gilcrest, Colorado; Town of Hudson, Colorado; Town of Johnstown, Colorado; Town of Keenesburg, Colorado; Town of LaSalle, Colorado; Town of Lochbuie, Colorado; Town of Mead, Colorado; Town of Milliken, Colorado; Town of Pierce, Colorado; Town of Platteville, Colorado; Town of Severence, Colorado, Plaintiffs-Appellees, v. BOARD OF COUNTY COMMISSIONERS, COUNTY OF WELD, State of Colorado; Norman C. Carlson, John "Chuck" Carlson, C. W. Kirby, John T. Martin, June K. Steinmark, as members of the Board of County Commissioners of Weld County, Francis M. Loustalet, as Treasurer of Weld County, Donald Warden, Director of Finance and Administrative Services of Weld County, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

As Modified On Denial of Rehearing January 28, 1982.

Attorney(s) appearing for the Case

John P. DiFalco, City Atty., Don K. DeFord, Asst. City Atty., Greeley, for plaintiffs-appellees.

Thomas O. David, Weld County Atty., Greeley, for defendants-appellants.

Susan K. Griffiths, Wheat Ridge, amicus curiae.

TURSI, Judge.

In November 1980, while working on the 1981 fiscal year budget, the Weld County board of county commissioners passed a resolution authorizing transfer of general fund revenue to the road and bridge fund so as to finance the operation of the road and bridge department for the fiscal year without the necessity of having a mill levy for roads and bridges. The board claimed authority to fund roads and bridges by...

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