JENSEN v. CITY AND COUNTY OF DENVER

No. 90SA51.

806 P.2d 381 (1991)

Jon Chris JENSEN and Robert Roome, Plaintiffs-Appellants, v. The CITY AND COUNTY OF DENVER, a municipal corporation; The City Council, City and County of Denver, and all members thereof; Federico Peña, Mayor of the City and County of Denver; Colfax on the Hill Business Improvement District, and Marty Amble, the Executive Director thereof; The Board of Directors of Colfax on the Hill Business Improvement District, and Jack Robinson, Tom Manley, James Beatty, Joseph Figueroa, and David Atkinson, the Directors thereof; and The State of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

February 25, 1991.


Attorney(s) appearing for the Case

Nancy P. Bigbee and Sally S. Townshend, Denver, for plaintiffs-appellants.

Patricia L. Wells, Denver City Atty., John L. Stoffel, Jr., Asst. City Atty., Denver, for defendants-appellees City and County of Denver, The City Council, City and County of Denver, and all members thereof, and Federico Peña, Mayor of the City and County of Denver.

Susan E. Burch, Denver, for defendants-appellees Colfax on the Hill Business Improvement Dist., Amble, and the Bd. of Directors of Colfax on the Hill Business Improvement Dist.


Justice MULLARKEY delivered the Opinion of the Court.

This is an appeal1 from a Denver District Court decision holding that the Denver City Council did not abuse its discretion or exceed its jurisdiction when it created the Colfax on the Hill Business Improvement District pursuant to the Business Improvement District Act, §§ 31-25-1201 to -1228, 12B C.R.S. (1990 Supp.) (the "BID Act"). In reaching its decision, the district court...

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