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CALHAN SCHOOL DIST. NO. 1 v. EL PASO COUNTY

No. 83SC255.

686 P.2d 1321 (1984)

CALHAN SCHOOL DISTRICT # 1, Harrison School District #2, Widefield School District #3, Colorado Springs School District #11, Manitou Springs School District #14, Air Academy School District #20, and Lewis-Palmer School District #38, Plaintiffs-Appellees, v. EL PASO COUNTY, Colorado, The Board of County Commissioners of El Paso County, Colorado, Sharon Shipley, Treasurer of El Paso County, Colorado and American Motorists Insurance Company, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

August 20, 1984.

Attorney(s) appearing for the Case

Horn, Anderson & Johnson, Michael J. Gianunzio, R.E. Anderson, Colorado Springs, for plaintiffs-appellees.

Charles E. Berry, El Paso County Atty., Colorado Springs, for defendants-appellants.

George C. Aucoin, Clear Creek County Atty., Lakewood, for amici curiae Clear Creek County Bd. of County Com'rs and Clear Creek County Treasurer.

Edwin K. McMartin, Asst. Pueblo County Atty., Pueblo, for amici curiae Pueblo County Bd. of County Com'rs and Pueblo County Treasurer.

Cile Pace, Asst. Jefferson County Atty., Golden, for amici curiae Jefferson County Bd. of County Com'rs and Jefferson County Treasurer.

Perry Burnett, Denver, for amici curiae Colorado Counties, Inc. and Enumerated County Treasurers.

Stephen H. Kaplan, City Atty., Eugene J. Kottenstette, Jr., Asst. City Atty., Denver, for amici curiae Denver Bd. of Equalization and Thomas P. Briggs, Manager of Revenue.

LOHR, Justice.

Seven school districts in El Paso County brought this action against the County, the Board of County Commissioners, the County Treasurer, and the surety on the Treasurer's official bond, seeking to recover the interest earned on school district tax moneys collected by the County Treasurer and requesting declaratory relief specifying that the districts are entitled to interest earned on school district taxes from the time of collection. The district...

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