No. 81CA0704.

648 P.2d 671 (1982)

The CITY OF COLORADO SPRINGS, the City of Monument, the City of Palmer Lake, the City of Manitou Springs, the City of Ramah, the City of Calhan, the City of Green Mountain Falls, the City of Fountain, Plaintiffs-Appellees, v. The BOARD OF COUNTY COMMISSIONERS OF EL PASO COUNTY, Leo Ververs, Terry Harris, Tom Collier, Jr., Charles Heim, Terry Salt, as members of the Board of County Commissioners of El Paso County, Sharon L. Shipley, as Treasurer of El Paso County, and William Fence, as El Paso County Budget Officer, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearings Denied April 29, 1982.

Certiorari Denied July 12, 1982.

Attorney(s) appearing for the Case

James G. Colvin, II, City Atty., Jackson L. Smith, Asst. City Atty., Colorado Springs, for plaintiffs-appellees.

Charles E. Berry, County Atty., Colorado Springs, for defendants-appellants Bd. of County Com'rs and William Fence.

Patrick R. Mahan, Jefferson County Atty., Cile Pace, Asst. County Atty., Colorado Springs, amicus curiae for Bd. of County Com'rs of Jefferson County.

Susan K. Griffiths, Denver, amicus curiae for Colorado Municipal League.

TURSI, Judge.

The defendants appeal the judgment of the trial court prohibiting the county from funding the county road and bridge fund created pursuant to § 43-2-202(1), C.R.S.1973 by transfers from the general fund. The county claims authority to do so by virtue of § 29-1-111.5, C.R.S.1973 (1981 Cum.Supp.). Alternatively, the defendants contend that, when a county has initially funded the road and bridge fund by the levy provided for in § 43-2-202...

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