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CITY OF WESTMINSTER v. BD. OF CO. COM'RS

No. 87CA0805.

771 P.2d 11 (1988)

The CITY OF WESTMINSTER, a Colorado municipal corporation, and the City Council of the City of Westminster, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF JEFFERSON, Colorado; Marjorie E. Clement, Rich Ferdinandsen, and Donald C. Stanbro, in their official capacity as members of the Board of County Commissioners of the County of Jefferson; Jefferson County Library Board of Trustees; Conrad Gardner, Karen Farrar, Elena Grisson, Kathleen Klepetko, Suzan Rickert, W. Howard Smith, and C.R. Spielman, in their official capacity as members of the Jefferson County Public Library Board of Trustees; Judy Petit, in her official capacity as Jefferson County Tax Assessor; and Donald E. Couch, in his official capacity as Jefferson County Treasurer, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 22, 1988.

Certiorari Denied March 20, 1989.

Attorney(s) appearing for the Case

Martin R. McCullough, City Atty., Westminster, for plaintiffs-appellants.

Patrick R. Mahan, Jefferson Co. Atty., Ellen Good Wakeman, George Theophilos, Asst. Co. Attys., Golden, for defendants-appellees.

STERNBERG, Judge.

This is a declaratory judgment action between plaintiffs, City of Westminster and its city council (city), and defendants, various Jefferson County agencies and officials thereof (county). The question at issue is whether a city which maintains its own public library system may, pursuant to § 24-90-106, C.R.S. (1988 Repl. Vol. 10B), elect to terminate its participation in, and to exclude the properties...

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