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ORCHARD CITY v. DELTA COUNTY COM'RS

No. 86SA44.

751 P.2d 1003 (1988)

TOWN OF ORCHARD CITY and Leroy Hamilton, Jim C. McGraw, William Ebert, Dwight Benson, Harold A. Wick, Bud Hawkins and Jesse Messenger, Individually, Plaintiffs-Appellants, v. The BOARD OF DELTA COUNTY COMMISSIONERS OF the COUNTY OF DELTA, City of Delta, and the Municipalities of Delta, Hotchkiss, Paonia, Crawford, and Cedaredge, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

March 14, 1988.

Attorney(s) appearing for the Case

Darrow & Helmsing, Gregg Helmsing, Delta, Griffiths & Tanoue, P.C., Susan K. Griffiths, P.C., Susan K. Griffiths, Denver, for plaintiffs-appellants.

John A. Brooks, Montrose, for defendant-appellee Bd. of Delta County Com'rs of Delta County.

John Kappa, Montrose, for defendants-appellees City of Delta and Towns of Crawford and Cedaredge.

Briscoe, Stanway, Clay, Dodson & Harper, James R. Briscoe, Hotchkiss, for defendants-appellees Towns of Hotchkiss and Paonia.

ERICKSON, Justice.

The plaintiffs below, Orchard City and seven individuals, brought suit in the District Court for the County of Delta challenging the exclusion of Orchard City from the distribution of sales tax revenue collected pursuant to the 1969 Delta County Sales Tax Resolution (Resolution). Before the trial court, the plaintiffs claimed that Delta County's exclusion of Orchard City from the distribution of sales...

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