ROMER v. BD. OF COM'RS, WELD COUNTY, COLO.

No. 94SC140.

897 P.2d 779 (1995)

Roy ROMER, in his official capacity as Governor of the State of Colorado; Karen Beye, in her official capacity as the Executive Director of the Department of Social Services for the State of Colorado; and The Department of Social Services for the State of Colorado, Petitioners/Cross-Respondents, v. The BOARD OF COUNTY COMMISSIONERS FOR the COUNTY OF WELD, STATE OF COLORADO, Respondent, and Gene Brantner, individually, Respondent/Cross-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 26, 1995.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., Wade Livingston, First Asst. Atty. Gen., Human Resources Section, Denver, for petitioners/cross-respondents.

Bruce T. Barker, Weld County Atty., Cyndy Giauque, Asst. County Atty., Greeley, for respondent.

Leboeuf, Lamb, Greene & Macrae, L.L.P., Robert N. Miller, Patton Boggs, L.L.P., George R. Coe, Denver, for respondent/cross-petitioner.

Don K. DeFord, Garfield County Atty., Glenwood Springs, for amicus curiae Bd. of County of Com'rs of Garfield County, Colo.

Maurice Lyle Dechant, Mesa County Atty., Alan N. Hassler, Asst. Mesa County Atty., Grand Junction, for amicus curiae Mesa County, Colo.


Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari before judgment to review Board of County Commissioners v. Romer, No. 93CV3671 (Denver Dist.Ct. Jan. 13, 1994),1 pursuant to C.A.R. 50.2 The trial court entered summary judgment in favor of the Board of County Commissioners of Weld County (Board) holding that the Board's twenty percent payment is a "subsidy" within the meaning...

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