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CITY AND COUNTY OF DENVER v. GALLEGOS

No. 95SC13.

916 P.2d 509 (1996)

CITY AND COUNTY OF DENVER, acting By and Through its BOARD OF WATER COMMISSIONERS, a/k/a City and County of Denver Water Department, Petitioner, v. Troy Orlando GALLEGOS, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 28, 1996.

Attorney(s) appearing for the Case

Patricia L. Wells, General Counsel, Denver Water Board, Amy L. Moore, Hulbert E. Reichelt, Denver, for Petitioner.

Montgomery, Green, Jarvis, Kolodny & Markusson, P.C., Dennis H. Markusson, Joyce L. Jenkins, Denver, for Respondent.

Colorado Municipal League, David W. Broadwell, Denver, for Amicus Curiae Colorado Municipal League.

Hayes, Phillips & Maloney, P.C., Herbert C. Phillips, Denver, for Amicus Curiae City of Northglenn, Colorado.

Chief Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' decision in Gallegos v. City and County of Denver, 894 P.2d 14 (Colo.App. 1994). In reversing the trial court's judgment, the court of appeals broadly interpreted the term "public water facility," as set forth in the Governmental Immunity Act, §§ 24-10-101 to -120, 10A C.R.S. (1988 & 1995 Supp.) (the...

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