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SOUTHGATE WATER v. CITY & CTY. OF DENVER

No. 89CA1719.

862 P.2d 949 (1992)

SOUTHGATE WATER DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, Colorado, a quasi-municipal corporation, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, a municipal corporation, acting By and Through its BOARD OF WATER COMMISSIONERS, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 4, 1993.

Attorney(s) appearing for the Case

Banta, Hoyt, Greene & Everall, P.C., Charles A. Kuechenmeister, Stephen G. Everall, John L. Palmquist, Deutsch & Sheldon, Michael A. Sheldon, John M. Spillane, Englewood, for plaintiff-appellant.

Patricia L. Wells, Michael L. Walker, Anne R. Avery, Mary K. Brennan, Denver, for defendant-appellee.

Harding & Ogborn, Timothy C. Terrill, Sherri A. Heckel, Denver, amicus curiae for Metro Denver Water Authority.

Griffiths & Tanoue, P.C., Tami A. Tanoue, Denver, amicus curiae for City of Thornton.

James G. Colvin, III, City Atty., Colorado Springs, amicus curiae for City of Colorado Springs.

Ankele, Icenogle, Slattery & Norton, P.C., Charles E. Norton, T. Edward Icenogle, William P. Ankele, Jr., Denver, Deutsch & Sheldon, Michael A. Sheldon, John M. Spillane, Englewood, amicus curiae for Castlewood Water Dist.

Opinion by Judge REED.

In this action for declaratory relief, the controversy at issue concerns the validity of various monetary charges imposed upon plaintiff, the Southgate Water District, under a written Participation Agreement between it and defendant, the City and County of Denver, acting through its Board of Water Commissioners. We affirm in part and vacate in part.

Under the terms of the agreement at issue, Denver constructed an extension to and enlargement...

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