COLORADO SPRINGS BD. OF REALTORS v. STATE

No. 87SC286.

780 P.2d 494 (1989)

The COLORADO SPRINGS BOARD OF REALTORS, INC., Petitioner and Cross-Respondent, v. The STATE of Colorado, Respondent and Cross-Petitioner.

Supreme Court of Colorado, En Banc.

October 2, 1989.


Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker and Grover, John L. Ferguson, Denver, and Darrell D. Thomas, Colorado Springs, for petitioner and cross-respondent.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Gregory Smith, Deputy Atty. Gen., Thomas P. McMahon, First Asst. Atty. Gen., and James R. Lewis, Asst. Atty. Gen., Denver, for respondent and cross-petitioner.

Robert D. Butters, Chicago, Ill., for amicus curiae Nat. Ass'n of Realtors.


Justice KIRSHBAUM delivered the Opinion of the Court.

The Colorado Springs Board of Realtors (the Board) appeals the trial court's judgment, entered upon remand subsequent to our decision in People v. Colorado Springs Board of Realtors, Inc., 692 P.2d 1055 (Colo.1984) (CSBR I), enjoining the Board from enforcing certain of its membership policies. The State cross-appeals. We affirm in part and reverse in part.

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