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HYLAND HILLS PARK v. DENVER R. CO.

No. 90CA1858.

850 P.2d 155 (1992)

HYLAND HILLS PARK AND RECREATION DISTRICT, ADAMS COUNTY, COLORADO, Petitioner-Appellee, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation, Respondent-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 27, 1992.

Certiorari Granted March 29, 1993.

Attorney(s) appearing for the Case

Zak, Fox, Pehr and Fuller, P.C., Richard L. Fuller, Westminster, for petitioner-appellee.

Kathleen M. Snead, Denver, for respondent-appellant.

Opinion by Judge JONES.

Respondent, The Denver and Rio Grande Western Railroad Company (Railroad), appeals a judgment of the trial court in which the court determined that the Railroad's real property, which lies within the boundaries of petitioner, Hyland Hills Park and Recreation District (District), is included for all purposes, including taxation, within the District. We reverse.

In October 1955, the predecessor organization to the District was created...

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