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DENVER & RIO GRANDE WESTERN R. CO. v. DENVER

No. 83SA242.

673 P.2d 354 (1983)

The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation; the Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation, Plaintiffs-Appellees, and The Burlington Northern Railroad Company, a Delaware corporation, Involuntary Plaintiff-Appellee, v. The CITY AND COUNTY OF DENVER, a municipal corporation, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 29, 1983.

Attorney(s) appearing for the Case

Kathleen M. Snead, Denver, for The Denver and Rio Grande Western R. Co., plaintiff-appellee.

Grant, McHendrie, Haines & Crouse, P.C., Peter J. Crouse, Patrick A. Grant, Denver, for The Atchison, Topeka and Santa Fe R. Co., plaintiff-appellee.

No appearance for The Burlington Northern R. Co., involuntary plaintiff-appellee.

Max P. Zall, City Atty., Thomas A. Gilliam, Robert M. Kelly, John L. Stoffel, Jr., Asst. City Attys., Denver, for the City and County of Denver, defendant-appellant.

ERICKSON, Chief Justice.

This appeal was taken after the district court granted a writ of prohibition. The court found that the City and County of Denver (Denver) exceeded its jurisdiction by initiating proceedings under Ordinance 362 and publishing notice requiring The Denver and Rio Grande Western Railroad Company, The Atchison, Topeka and Santa Fe Railway Company, and The Burlington Northern Railroad Company (Railroads) to pay for construction of the West Eighth...

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