ENGLEWOOD POLICE BEN. ASS'N v. ENGLEWOOD

No. 89CA1834.

811 P.2d 464 (1990)

ENGLEWOOD POLICE BENEFIT ASSOCIATION, FRATERNAL ORDER OF POLICE LODGE # 22, Plaintiff-Appellee, v. CITY OF ENGLEWOOD and Election Commission of the City of Englewood, Defendants-Appellants.

Court of Appeals of Colorado, Div. A.

Rehearing Denied February 14, 1991.

Certiorari Denied June 10, 1991.


Attorney(s) appearing for the Case

Brauer, Buescher, Valentine, Goldhammer & Kelman, P.C., Thomas B. Buescher, Denver, for plaintiff-appellee.

Rich DeWitt, City Atty., Olsen and Brown, John R. Olsen, Englewood, for defendants-appellants.


Opinion by Chief Judge STERNBERG.

In this appeal from the summary judgment entered in favor of the plaintiff, Englewood Police Benefit Association (EPBA), the determinative issue is whether defendant City of Englewood (Englewood) may hold a special election on the same day as a municipal general election. The trial court held that Englewood's home rule charter prevented Englewood from holding the two types of elections on the same day. We reverse.

Englewood...

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