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FLECKMAN v. CITY OF GREELEY

No. 83CA0094.

673 P.2d 376 (1983)

Douglas FLECKMAN, Plaintiff-Appellant, v. The CITY OF GREELEY, Colorado, a municipal corporation, The City Council of Greeley, Colorado, George W. Hall, Mayor, Warren Terry, Councilman, Tom Starr, Councilman, John Donley, Councilman, Joe Murphy, Councilman, Mike Lehan, Councilman, Irma Princic, Councilwoman, and Peter Morell, City Manager, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

November 10, 1983.

Attorney(s) appearing for the Case

Caswall & Pic, Edward M. Caswall, Greeley, for plaintiff-appellant.

Higgins & Lavinder, David L. Lavinder, Englewood, for defendants-appellees.

BABCOCK, Judge.

The sole issue presented by this appeal is whether the trial court erred, as a matter of law, in granting defendants' motion for summary judgment on the basis that Greeley Municipal Code § 16.28.070 is a valid exercise of legislative authority of the City of Greeley. We conclude that such ruling was erroneous and reverse and remand for trial on the merits.

The facts giving rise to plaintiff's cause of action in tort for damages against...

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