STATE FARM v. CITY OF LAKEWOOD

No. 88SA272.

788 P.2d 808 (1990)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Colorado corporation; P.C.M.T. Partnership, a Colorado general partnership; Tishman West Management Corporation, a California corporation; Martin Marietta Corporation, a Maryland corporation; and ROC-Denver, Inc., a Delaware corporation, Plaintiffs-Appellants, v. The CITY OF LAKEWOOD, the City of Lakewood City Council; Dorothy Wisecarver, Hugh Campbell, William Coppock, Carolyn Bacher, Norman Beard, Thomas Leadabrand, Richard Myers, Linda Morton, Edie Bryan and Mary Bindner, as present members of the City of Lakewood City Council; Linda Shaw as Mayor of the City of Lakewood and a member of the City of Lakewood City Council; Petitioners Donald W. Lawhead, Richard M. Reynolds, Walter V. Raynor, Chris M. Saros, Walter A. Koelbel, Jr., and Walter A. Koelbel, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

March 12, 1990.


Attorney(s) appearing for the Case

O'Connor & Hannan, Paul G. Goss, Denver, for State Farm, P.C.M.T., Tishman and Martin Marietta.

Holme, Roberts & Owen, Lawrence Levin, Englewood, for ROC-Denver.

Calkins, Kramer, Grimshaw & Harring, Charles E. Norton, and Randall M. Livingston, Denver, for defendants-appellees.


Justice ROVIRA delivered the Opinion of the Court.

In this appeal,1 opponents of a petition to organize the Academy Park Metropolitan District challenge the approval of the petition by the Lakewood City Council and the constitutionality of certain provisions of the Special District Act (Act), sections 32-1-101 to -1307, 13 C.R.S. (1984 Supp.). We hold that the opponents' C.R.C.P. 106(a)(4) action was properly dismissed because the Lakewood...

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