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CITY OF ARVADA v. CITY AND COUNTY OF DENVER

No. 80SA538.

663 P.2d 611 (1983)

The CITY OF ARVADA, a municipal corporation; All Water Users in the Arvada Service Area, Class I; and All Persons who claim an interest in the escrowed System Development Charges, Class II, Plaintiffs-Appellees, v. The CITY AND COUNTY OF DENVER, acting By and Through its BOARD OF WATER COMMISSIONERS, Defendant-Appellant. The CITY OF ARVADA, a municipal corporation, Plaintiff-Appellee, and All Persons Who Claim an Interest in the Escrowed System Development Charges, Class II, Plaintiffs-Appellants, and All Water Users in the Arvada Service Area, Class I, Plaintiff, v. The CITY AND COUNTY OF DENVER, acting By and Through its BOARD OF WATER COMMISSIONERS, Defendant-Appellant. CITY OF ARVADA, a municipal corporation, Plaintiff, and All Water Users in the Arvada Service Area, Class I, Plaintiff, and All Persons Who Claim an Interest in the Escrowed System Development Charges (Except those Persons designated as Class II-A), Class II, Plaintiff-Appellee, and Wood Brothers Homes, Inc., Intervenor-Appellee, and Class II-A, Plaintiff-Appellant, v. The CITY AND COUNTY OF DENVER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 6, 1983.

Attorney(s) appearing for the Case

Benjamin P. King, Arvada City Atty., Roger W. Noonan, Arvada, Moses, Wittemyer, Harrison & Woodruff, P.C., Raphael J. Moses, Robert E.L. Beebe, James R. Montgomery, Boulder, for plaintiff-appellee The City of Arvada.

Wayne D. Williams, Henry V.S. Hall, Denver, for defendant-appellant City and County of Denver Acting By and Through its Bd. of Water Com'rs.

Sweeney & Ross, P.C., David C. Deuben, Lakewood, for plaintiff-appellant Class II.

George Alan Holley & Associates, Charles E. Stuart, Daniel S.M. Smith, Golden, for intervenor-appellee Wood Brothers Homes, Inc.

Goldstein & Armour, P.C., James H. Downey, Denver, for plaintiff-appellant Class II-A.

HODGES, Chief Justice.

This is an appeal from three trial court rulings granting summary judgments. We affirm. Because the procedural and factual background of the case is lengthy and complex, it is discussed in three phases to correspond with each of the trial court's rulings.

PHASE I

In 1965 the Denver Water Board (the Board) contracted to sell Arvada up to 19,000 acre feet of water per year. Arvada agreed...

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