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CITY OF CRAIG v. HAMMAT

No. 88CA0747.

809 P.2d 1034 (1990)

CITY OF CRAIG, Colorado, Plaintiff-Appellant, v. Joy HAMMAT, Treasurer of Moffat County; and the Board of County Commissioners of the County of Moffat, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied September 27, 1990.

Certiorari Denied May 13, 1991.

Attorney(s) appearing for the Case

Bourtai Hargrove, City Atty., Craig, for plaintiff-appellant.

Thomas C. Thornberry, Peck & Lawrence, P.C., R.H. Peck, Craig, for defendants-appellees.

Gerald E. Dahl, Denver, amicus curiae for Colorado Mun. League.

Opinion by Judge METZGER.

Plaintiff, City of Craig (City), appeals the summary judgment entered in favor of defendants, Treasurer of Moffat County and Board of County Commissioners of the County of Moffat (County). We reverse and remand with directions.

The stipulated facts are as follows. The City is a home rule city chartered under Colo. Const. art. XX. According to the terms of the charter, the City Council is required to promulgate ordinances providing...

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