The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE; the Board of County Commissioners of the County of Adams; and the Board of County Commissioners of the County of Jefferson, Plaintiffs-Appellees,
v.
The DENVER BOARD OF WATER COMMISSIONERS; the City and County of Denver, State of Colorado, a municipal corporation; Federico Pena, Mayor; and the Denver Planning Board, Defendants-Appellants.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
April 7, 1986.
As Modified on Denial of Rehearing May 12, 1986.
Attorney(s) appearing for the Case
Hall & Evans, Raymond J. Connell, Edward H. Widmann, Kevin E. O'Brien, Alan Epstein, Denver, for plaintiffs-appellees.
Stephen Kaplan, City Atty., Brian Goral, Asst. City Atty., Wayne D. Williams, Michael L. Walker, Casey S. Funk; Gorsuch, Kirgis, Campbell, Walker & Grover, Leonard M. Campbell, Sp. Counsel, Denver, for defendants-appellants.
Susan K. Griffiths, Tami A. Tanoue, Denver, for amicus curiae Colorado Mun. League.
John Dingess, Patrick E. Kowaleski, Office of City Atty., Aurora, for amicus curiae City of Aurora.
James G. Colvin, II, City Atty., Colorado Springs, for amicus curiae City of Colorado Springs.
Broadhurst & Petrock, Kenneth L. Broadhurst, J.J. Petrock, Ronald D. Hutchinson, Frederick A. Fendel, III, Denver, for amicus curiae City of Thornton.
Rothgerber, Appel & Powers, James M. Lyons, Marcia M. Hughes, Denver, for amicus curiae Home Builders Ass'n of Metro Denver.
Robert J. Flynn, Englewood, for amici curiae Southwest Metropolitan Water and Sanitation Dist., Arapahoe, Jefferson and Douglas Counties; Platte Canyon Water and Sanitation Dist., Arapahoe and Jefferson Counties; Willows Water Dist., Arapahoe County; Lakehurst Water and Sanitation Dist., Jefferson and Denver Counties; Cherryridge Water and Sanitation Dist., Arapahoe County; Southwest Suburban Denver Water Dist., Jefferson County.
Supreme Court of Colorado, En Banc.
ROVIRA, Justice.
This case is an appeal from an order of the Denver District Court holding that the Denver Board of Water Commissioners (Board) is a public utility, required to supply water as available to all residents of certain areas within the Denver metropolitan area, and required to comply with the rules and regulations of the Colorado Public Utilities Commission (PUC). We reverse, and hold that, although the Board meets the statutory definition of a public...
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