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BLOCK 173 ASSOCIATES v. DENVER

No. 89CA0152.

797 P.2d 771 (1990)

BLOCK 173 ASSOCIATES, a Colorado general partnership; Donald Oberndorf; Leo Stern; Harry Paul Wertheimer; Carol Brodie, administrator for the Edith O. Wertheimer Trust; and Dottie Hammell, Plaintiffs-Appellants, v. The CITY AND COUNTY OF DENVER; The City Council of the City and County of Denver, by its council members (not as individuals, but as members of the city council), T.J. Hackworth, M.L. Sandos, Stephanie A. Foote, Paul L. Swalm, John J. Silchia, Nieves Perez McIntire, Hiawatha Davis, Jr., Salvadore Carpio, Cathy Donohue, William R. Roberts, Robert L. Crider, Cathy Reynolds, William A. Scheitler; The Denver Urban Renewal Authority; Federico Pena, as Mayor of the City and County of Denver; Thomas P. Briggs, Manager of Revenue of the City and County of Denver and Ex Officio Treasurer and Assessor of the City and County of Denver; Felicia Muftic, City Clerk of the City and County of Denver; BCE Development Properties, Inc., a Colorado corporation, f/k/a Oxford Properties, Inc.; and Freida Marin, Public Trustee, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing May 31, 1990.

Certiorari Granted October 9, 1990.

Attorney(s) appearing for the Case

Baker & Hostetler, James A. Clark, Bruce D. Pringle and Joan B. Burleson, Denver, for appellant Block 173 Associates.

Holmes & Starr, Kenneth L. Starr and Michael Touff, Denver, for appellants Oberndorf, Stern, Wertheimer, Brodie and Hammell.

Stephan H. Kaplan, City Atty., Robert M. Kelly, Donald E. Wilson and Karen A. Aviles, Asst. City Atty., Denver, for appellees City and County of Denver, City Council, Federico Pena, Thomas P. Briggs, Felicia Muftic and Freida Marin.

Opperman & Associates, P.C., Marlin D. Opperman, William M. Schell and Linda A. Surbaugh, Denver, for appellee Denver Urban Renewal Authority.

Davis, Graham & Stubbs, Dale R. Harris, Neil Peck and David R. Hammond, Denver, for appellee BCE Development Properties, Inc.

Opinion by Judge RULAND.

Plaintiff, Block 173 Associates, and co-plaintiffs, Donald Oberndorf, Leo Stern, Harry Wertheimer, Mike Smith, and Dottie Hammell (Oberndorf plaintiffs), appeal from a summary judgment dismissing their complaints against defendants City of Denver, the Denver Urban Renewal Authority (DURA), BCE Development Properties, Inc. (BCE), and the individual defendants who are designated in their capacity as public officials. The dispositive issue concerns...

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