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H.B. v. LAKE COUNTY DIST. COURT

No. 91SA258.

819 P.2d 499 (1991)

H.B. and P.B., Petitioners, v. The LAKE COUNTY DISTRICT COURT, the Honorable Richard H. Hart, one of the Judges thereof, and Peter F. Michaelson, District Attorney, Respondents.

Supreme Court of Colorado, En Banc.

November 4, 1991.

Attorney(s) appearing for the Case

Smollen & Rockwell, Lindasue Smollen, Boulder, for petitioners.

John W. Dunn, Vail, for respondent Dist. Court.

Peter F. Michaelson, Dist. Atty., Lindsey S. Topper, Deputy Dist. Atty., Leadville, for respondent Dist. Atty.

Chief Justice ROVIRA delivered the Opinion of the Court.

In this original proceeding pursuant to C.A.R. 21, the petitioners seek relief in the nature of prohibition to require the district court to dismiss a dependency and neglect proceeding and termination of parental rights proceeding for lack of jurisdiction or authority to prosecute.1 In the trial court the petitioner had filed a motion to dismiss or in the alternative to disqualify...

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