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COLORADO DOG FANCIERS v. DENVER

No. 90SA342.

820 P.2d 644 (1991)

The COLORADO DOG FANCIERS, INC., the American Dog Owners Association, the United Kennel Club, Ken Lee, Colorado Humane Society, Inc., Colorado American Pit Bull Terrier Breeders Association, Inc., Colorado Dog Academy, Inc., Dale and Sue Ellen Fresenberg, Pat Andrasen, Dr. William A. Suro, Russell L. Lopez, and Ambrose and Rama Mallett, Plaintiffs-Appellants and Cross-Appellees, v. The CITY AND COUNTY OF DENVER, Acting By and Through its CITY COUNCIL, John A. Fairman, Manager/CEO of the Department of Health and Hospitals for the City and County of Denver, and Federico Peña, Mayor for the City and County of Denver, Defendants-Appellees and Cross-Appellants.

Supreme Court of Colorado, En Banc.

November 12, 1991.

Attorney(s) appearing for the Case

Ankele, Icenogle, Slattery & Norton, P.C., T. Edward Icenogle, George Bentley, Denver, for plaintiffs-appellants and cross-appellees.

Daniel E. Muse, City Atty., James C. Thomas, Thomas S. Moe, Jr., Assistant City Attys., Denver, for defendants-appellees and cross-appellants.

Justice ERICKSON delivered the Opinion of the Court.

The plaintiffs, dog owners and related canine and humane associations (dog owners), filed a complaint in the Denver District Court against the defendant, City and County of Denver (city), seeking both a declaratory judgment on the constitutionality of the "Pit Bulls Prohibited" ordinance, Denver, Colo., Rev.Mun.Code § 8-55 (1989), and injunctive relief to prevent enforcement. The dog owners also requested damages...

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