LUCCHESI v. STATE

No. 89CA0967.

807 P.2d 1185 (1990)

Rudolph A. LUCCHESI, Plaintiff-Appellant, v. STATE of Colorado; Roy Romer, in his official capacity of Governor of the State of Colorado; the General Assembly of the State of Colorado; Ted L. Strickland, in his official capacity of President of the Senate, State of Colorado; Carl Bledsoe, in his official capacity as Speaker of the House of Representatives, State of Colorado; Duane Woodard, in his official capacity as Attorney General, State of Colorado; Paul D. Schauer, in his official capacity as State Representative, State of Colorado; Wayne Allard, in his official capacity as State Senator, State of Colorado; Property Tax Administrator, State of Colorado; Mary Anne Maurer, in her official capacity of Property Tax Administrator, Division of Property Taxation, Department of Local Affairs, State of Colorado; Board of County Commissioners, El Paso County, State of Colorado; Marcy Morrison, Jim Campbell, Charlie Meier, Gary Shupp, Loren Whittenmore; in their official capacity of Commissioners, El Paso County, State of Colorado; Sharon Shipley, in her official capacity as Treasurer, El Paso County, Colorado; Ted Shonts, in his official capacity as Assessor, El Paso County, Colorado; Beth Whittier, in her official capacity as Attorney, El Paso County Board of Commissioners, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied September 6. 1990.

Certiorari Denied April 8, 1991.


Attorney(s) appearing for the Case

Rudolph A. Lucchesi, pro se.

Beth A. Whittier, County Atty., Ann A. Maenpaa, Asst. County Atty., Colorado Springs, for defendants-appellees El Paso County and El Paso County Officers.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Larry A. Williams, First Asst. Atty. Gen., Denver, for defendants-appellees State of Colo., Roy Romer, Duane Woodard and Mary Ann Maurer.

Welborn Dufford Brown & Tooley, P.C., Philip G. Dufford, Gregory A. Ruegsegger, Denver, for Legislative defendants-appellees.


Rehearing of Attorney General Granted in Part; Rehearing of El Paso County Denied; and Rehearing of Rudolph A. Lucchesi Denied September 6. 1990.

Opinion by Judge CRISWELL.

Plaintiff, Rudolph A. Lucchesi, appeals from the judgment dismissing all of the claims asserted by him against all of the defendants. Because we conclude that plaintiff's complaint asserted proper claims under state law against certain of the defendants and that the court abused its discretion...

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