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CITY OF DURANGO v. DURANGO TRANSP.

No. 89SC487.

807 P.2d 1152 (1991)

CITY OF DURANGO; Board of County Commissioners of the County of La Plata; and Durango Transit Advisory Board, Petitioners, v. DURANGO TRANSPORTATION, INC., Respondent.

Supreme Court of Colorado, En Banc.

March 25, 1991.

Attorney(s) appearing for the Case

Smith & West, David P. Smith, Durango, for petitioners.

Law Office of Nancy P. Bigbee, Nancy P. Bigbee, Denver, for respondent.

Geoffrey Wilson, Denver, for amicus curiae Colorado Mun. League.

Marion A. Brewer, Denver, for amicus curiae Colorado Counties, Inc.

Gorsuch, Kirgis, Campbell, Walker and Grover, Gerald E. Dahl, Denver, for amicus curiae Roaring Fork Transit Agency.

John R. Kennedy, Rolf G. Asphaug, Denver, for amicus curiae Regional Transp. Dist.

Justice LOHR delivered the Opinion of the Court.

We granted certiorari to review a judgment of the Colorado Court of Appeals holding that counties are not exempt from the jurisdiction of the Public Utilities Commission when operating mass transportation systems within county boundaries. See Durango Transp., Inc. v. City of Durango, 786 P.2d 428 (Colo.App.1989). We reverse and remand with directions.

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