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U S WEST COMM. v. CITY OF LONGMONT

No. 94CA1102.

924 P.2d 1071 (1995)

U S WEST COMMUNICATIONS, INC., a Colorado corporation, Plaintiff-Appellant, v. CITY OF LONGMONT, a Colorado Municipal corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 11, 1996.

Certiorari Granted October 15, 1996.

Attorney(s) appearing for the Case

Otten, Johnson, Robinson, Neff & Ragonetti, Thomas J. Ragonetti, J. Thomas MacDonald, William H. Brierly, Russell P. Rowe, Denver, for Plaintiff-Appellant.

Gorsuch Kirgis L.L.C., Dudley P. Spiller, Joseph B. Wilson, Denver, Claybourne M. Douglas, City Attorney, Mickey Conrad, Assistant City Attorney, Longmont, for Defendant-Appellee.

Geoffrey T. Wilson, Denver, for Amicus Curiae Colorado Municipal League.

Opinion by Judge MARQUEZ.

In this action seeking relief pursuant to C.R.C.P. 106(a)(4) and for declaratory judgment, plaintiff, U S WEST Communications, Inc., appeals from a summary judgment in favor of defendant, City of Longmont, upholding the validity of an ordinance which requires the owners and operators of existing overhead facilities used for distribution of electricity and transmission or distribution of communications to relocate such facilities underground...

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