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UNION RURAL ELEC. ASS'N v. TOWN OF FREDERICK

No. 81SC116.

670 P.2d 4 (1983)

UNION RURAL ELECTRIC ASSOCIATION, INC., Petitioner, v. The TOWN OF FREDERICK, Colorado, Board of Trustees of the Town of Frederick, Colorado, Holly Hall, Beulah Meeker, John DiGregoria, Paul DiPaolo, Emilio Ruscitti, Deryl Collier and Carmen DeSantis, As Mayor and Members of the Board of Trustees of the Town of Frederick, Colorado, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 17, 1983.

Attorney(s) appearing for the Case

Walker Miller, Alfred T. McDonnell, Greeley, for petitioner.

Leroy Pete Goter, Frederick, for respondents.

Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, for Colorado Ass'n of Mun. Utilities, amicus curiae.

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

Randolph W. Starr, Loveland, for Poudre Valley Elec. Ass'n, Inc., amicus curiae.

Robert T. James, Colorado Springs, for Mountain View Elec. Ass'n, Inc., amicus curiae.

John J. Conway, Denver, for Colorado Rural Elec. Ass'n, amicus curiae.

ERICKSON, Chief Justice.

We granted certiorari to review Union Rural Electric Association, Inc. v. Town of Frederick, 629 P.2d 1093 (Colo.App.1981). The issue on appeal is whether a municipality's extension of electric service to new customers within an annexed area constitutes a taking without due process of law of a public utility's pre-existing right to service a certificated area...

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