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LEEK v. CITY OF GOLDEN

No. 92CA1951.

870 P.2d 580 (1993)

Frank LEEK, Mildred Burk, Sherman Wenger, Carol K. Stuckey, Larry T. Wright, and Byron Reeser, as citizens, voters and taxpayers of the City of Golden, Colorado, for themselves and also as representatives on behalf of all other citizens, voters, and taxpayers of the City of Golden, Colorado, Plaintiffs-Appellants and Cross-Appellees, v. The CITY OF GOLDEN, Colorado, a municipal corporation; Marvin L. Kay, as the Mayor of the City of Golden and also as a member of the City Council of the City of Golden, Colorado; Richard Cusack, Matthew K. Faykosh, Leslie M. Hawkinson, John R. McInerney, Robert A. Ourada, and Jan C. Schenck, as members of the City Council of the City of Golden, Colorado; Susan Brooks, as the City Clerk for the City of Golden, Colorado; and James A. Windholz, as the City Attorney for the City of Golden, Colorado, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing November 12, 1993.

Certiorari Denied April 11, 1994.

Attorney(s) appearing for the Case

Kramlich & Anderson, Gwen S. Anderson, J. Scott Needham, Denver, for plaintiffs-appellants and cross-appellees.

James A. Windholz, City Atty., David S. Williamson, Asst. City Atty., Boulder, Holme, Roberts & Owen, Walter H. Sargent, Erin M. Smith, Patricia L. Tisdale, Denver, for defendants-appellees and cross-appellants.

Opinion by Judge TAUBMAN.

Plaintiffs, Frank Leek, Mildred Burk, Sherman Wenger, Carol Stuckey, Larry Wright, and Byron Reeser (taxpayers), appeal from the summary judgment entered on their claims for misleading ballot statement, improper issuance of sales and use tax revenue bonds, and improper consolidation of the preliminary injunction hearing with the trial under C.R.C.P. 65(a)(2). Defendants, the City of Golden and various city officials (collectively, the city...

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