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LONE PINE CORP. v. CITY OF FT. LUPTON

No. 81CA0643.

653 P.2d 405 (1982)

LONE PINE CORPORATION, a Colorado corporation, Delbert L. Fast and Dieter Robert Kominski, Plaintiffs-Appellants, v. CITY OF FORT LUPTON, a Colorado municipal corporation, and Weld County School District Re-8, Defendants-Appellees.

Colorado Court of Appeals, Division III.

Rehearing Denied April 15, 1982.

Certiorari Denied November 1, 1982.

Attorney(s) appearing for the Case

Shade, Doyle, Klein, Otis, Shaha & Frey, Richard N. Doyle, Greeley, for plaintiffs-appellants.

Daniel, McCain & Brown, Leonard H. McCain, Brighton, for defendant-appellee City of Ft. Lupton.

Gaunt, Dirrim & Coover, Lysle R. Dirrim, Brighton, for defendant-appellee Weld County School Dist. RE-8.

STERNBERG, Judge.

This appeal involves a suit by two land developers seeking to declare void contractual provisions with the defendant City of Fort Lupton by which they agreed to make payments to the defendant School District to offset the impact of increased school enrollments. The trial court denied relief, and we affirm.

In both instances the provision relating to payments was incorporated in the city's utility extension agreement with each developer. The...

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