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COLORADO SPRINGS v. EAGLE CO. COMR'S BD.

Nos. 93CA0386, 93CA0412.

895 P.2d 1105 (1994)

CITY OF COLORADO SPRINGS and City of Aurora, Colorado, municipal corporations, Plaintiffs-Appellants and Cross-Appellees, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF EAGLE, State of Colorado; George A. Gates, Johnette Phillips, James E. Johnson, Jr., in their official capacities as individual members of said Board; The Board of County Commissioners of the County of Eagle, in its capacity as the permitting authority under § 24-65-101 et seq., C.R.S.; The Eagle County Planning Commission; Mark Donaldson, Robert Tether, Arlene Quenon, Robert Morris, Donald Price, in their official capacities as individual members of said Commission; The County of Eagle, State of Colorado; Holy Cross Wilderness Defense Fund; and Vail Valley Consolidated Water District, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 15, 1994.

Certiorari Denied June 5, 1995.

Attorney(s) appearing for the Case

Anderson, Johnson & Gianunzio, P.C., Mark T. Pifher, William Kelly Dude, Colorado Springs, for plaintiffs-appellants and cross-appellees.

James R. Fritz, County Atty., Eagle, Holme Roberts & Owen, L.L.C., Dennis J. Herman, Henry W. Ipsen, Mary H. Stuart, Denver, for defendants-appellees and cross-appellants Bd. of County Com'rs of County of Eagle, State of Colo., George A. Gates, Johnette Phillips, James E. Johnson, Jr., Bd. of County Com'rs of County of Eagle, State of Colo., Eagle County Planning Com'n, Mark Donaldson, Robert Tether, Arlene Quenon, Robert Morris, Donald Price, County of Eagle, State of Colo.

Sierra Club Legal Defense Fund, Lori J. Potter, Denver, Land and Water Fund of the Rockies, Frances M. Green, Boulder, for defendants-appellees and cross-appellants Holy Cross Wilderness Defense Fund.

Grimshaw & Harring, P.C., Wayne B. Schroeder, Ronald L. Fano, Denver, for defendants-appellees and cross-appellants Vail Valley Consolidated Water Dist.

Opinion by Judge DAVIDSON.

In this action pursuant to C.R.C.P. 106, and C.R.C.P. 57, defendants, Eagle County; the Eagle County Board of Commissioners; George A. Gates, Johnette Phillips, and James E. Johnson, in their official capacities as individual members of the Eagle County Board of Commissioners; the Eagle County Planning Commission; Mark Donaldson, Robert Tether, Arlene Quenon, Robert Morris, and Donald Price, in their official capacities as individual members...

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