FREEDOM FROM RELIGION FOUN. v. ROMER

No. 95CA0433.

921 P.2d 84 (1996)

The FREEDOM FROM RELIGION FOUNDATION, INC., a Wisconsin Nonprofit Corporation; The Colorado Chapter of the Freedom from Religion Foundation, Inc.; Glenn V. Smith; Lora J. Attwood; Robert A. Attwood; Jeff Baysinger; Robert H. Fenn; and Lee Whitfield, Plaintiffs-Appellants, v. Roy ROMER, Governor of the State of Colorado; Gale Norton, Attorney General of the State of Colorado; Gail Schoettler, Treasurer of the State of Colorado; Ken L. Salazar, Executive Director of the Colorado Department of Natural Resources; James Robb, Patricia McClearn, Clark Scriven, Kathleen Farley, and Jose Trujillo, members of the Board of Parks and Outdoor Recreation of the State of Colorado; Laurie Mathews, Director of the Division of Parks and Outdoor Recreation of the State of Colorado; Patrick Ahlstrom, Executive Director of the Department of Public Safety of the State of Colorado; Dr. A. Ray Chamberlain, Executive Director of the Department of Transportation of the State of Colorado; The City and County of Denver, Colorado; Wellington Webb, Mayor of the City and County of Denver, Colorado; Bruce Alexander, Manager of the Department of Parks and Recreation of the City and County of Denver, Colorado; The Board of Parks and Recreation of the City and County of Denver, Colorado; Christine DeRose, President of the Board of Parks and Recreation of the City and County of Denver, Colorado; Beth McCann, Manager of the Department of Safety of the City and County of Denver, Colorado; Michael Musgrave, Manager of the Department of Public Works of the City and County of Denver, Colorado; Patricia Schwartzberg, Manager of the Department of Revenue of the City and County of Denver, Colorado; The City Council of the City and County of Denver, Colorado; The County of Arapahoe, Colorado; Jeannie Jolly, John Nicholl and Thomas Eggert, Arapahoe County Commissioners; Dorothy Vogt, Treasurer of the County of Arapahoe; and Patrick Sullivan, Sheriff of the County of Arapahoe, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

June 27, 1996.


Attorney(s) appearing for the Case

Robert R. Tiernan, Denver, for Plaintiffs-Appellants.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Laura M. Maresca, Assistant Attorney General, Patricia Powell, Assistant Attorney General, Denver, for Defendants-Appellees Roy Romer, Governor of the State of Colorado, Gale Norton, Attorney General of the State of Colorado; Gail Schoettler, Treasurer of the State of Colorado; Ken L. Salazar, Executive Director of the Colorado Department of Natural Resources; James Robb, Patricia McClearn, Clark Scriven, Kathleen Farley, and Jose Trujillo, members of the Board of Parks and Outdoor Recreation of the State of Colorado; Laurie Mathews, Director of the Division of Parks and Outdoor Recreation of the State of Colorado; Patrick Ahlstrom, Executive Director of the Department of Public Safety of the State of Colorado; Dr. A. Ray Chamberlain, Executive Director of the Department of Transportation of the State of Colorado.

Daniel E. Muse, City Attorney, Andrew L. Weber, Assistant City Attorney, Maria Kayser, Assistant City Attorney, Office of the City Attorney, Denver, for Defendants-Appellees The City and County of Denver, Colorado; Wellington Webb, Mayor of the City and County of Denver, Colorado; Bruce Alexander, Manager of the Department of Parks and Recreation of the City and County of Denver, Colorado; The Board of Parks and Recreation of the City and County of Denver, Colorado; Christine DeRose, President of the Board of Parks and Recreation of the City and County of Denver, Colorado; Beth McCann, Manager of the Department of Safety of the City and County of Denver, Colorado; Michael Musgrave, Manager of the Department of Public Works of the City and County of Denver, Colorado; Patricia Schwartzberg, Manager of the Department of Revenue of the City and County of Denver, Colorado; The City Council of the City and County of Denver, Colorado.

Kathryn L. Schroeder, County Attorney, L. Cary Unkelbach, Assistant County Attorney, John E. Bush, Jr., Assistant County Attorney, Littleton, for Defendants-Appellees The County of Arapahoe, Colorado; Jeannie Jolly, John Nicholl and Thomas Eggert, Arapahoe County Commissioners; Dorothy Vogt, Treasurer of the County of Arapahoe; and Patrick Sullivan, Sheriff of the County of Arapahoe.


Opinion by Judge DAVIDSON.

In this action for a permanent injunction, declaratory judgment, and damages for actions taken by state, City & County of Denver, and Arapahoe County officials (officials), The Freedom from Religion Foundation, Inc., and six individual plaintiffs appeal from a judgment of the trial court dismissing their complaint pursuant to C.R.C.P. 12(b). We affirm.

Plaintiffs' complaint arose from the Roman Catholic Pope's visit to Denver...

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