The BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, COLORADO; Douglas County, Colorado School District RE-1; and Robert A. Christensen, James R. Sullivan, and Suzy McDanal, in their capacities as members of the Douglas County Board of County Commissioners, Petitioners,
v.
BAINBRIDGE, INC., a Colorado corporation; Village Homes of Colorado, Inc., a Colorado corporation; Falcon Development Group, Inc., d/b/a Falcon Homes, a Colorado corporation; LHLI, Ltd., a Colorado corporation; Virden Homes, Inc., a Colorado corporation; The Genesee Company, a Colorado corporation; Sattler Homes, Inc., a Colorado corporation; and Sugarbush Homes, Inc., a Colorado corporation, Respondents.
The BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY, COLORADO; St. Vrain Valley, Colorado School District; Ron Stewart, Homer Page, Sandy Hume, in their capacities as members of the Boulder County Board of County Commissioners, Petitioners,
v.
HOMEBUILDERS ASSOCIATION OF METROPOLITAN DENVER; Puma Property Partners; Bainbridge Inc.; McStain Enterprises, Inc.; and I.T.S. Corporation, Respondents.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
December 9, 1996.
As Modified on Denial of Rehearing January 13, 1997.
Attorney(s) appearing for the Case
J. Mark Hannen, Douglas County Attorney, Castle Rock, for Petitioners Board of County Commissioners of Douglas County, Robert A. Christensen, James R. Sullivan and Suzy McDanal.
Caplan & Earnest, L.L.C., Richard E. Bump, W. Stuart Stuller, Boulder, for Douglas County School District RE-1.
Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Thomas J. Ragonetti, J. Thomas MacDonald, Brad W. Schacht, Denver, for Respondents in both cases.
David W. Broadwell, Denver, for Amicus Curiae Colorado Municipal League in both cases.
Lauren B. Kingsberry, Denver, for Amicus Curiae Colorado Association of School Boards in both cases.
Hall & Evans, L.L.C., Thomas J. Lyons, Tracey P. Robinson, Denver, Amicus Curiae Colorado Counties, Inc. in both cases.
Patrick C. Boyle, Denver, for Amicus Curiae Colorado Association of Commerce and Industry in both cases.
Caplan and Earnest, Richard E. Bump, Kathleen O. Nistico, Boulder, for Petitioner St. Vrain Valley, Colorado School District.
H. Lawrence Hoyt, Boulder County Attorney, Madeline J. Mason, Deputy Boulder County Attorney, Boulder, for Petitioners The Board of County Commissioners of Boulder County, Colorado, Ron Stewart, Homer Page and Sandy Hume.
Supreme Court of Colorado, En Banc.
Justice HOBBS delivered the Opinion of the Court.
In these consolidated appeals we granted certiorari1 before judgment, pursuant to C.A.R. 50, to review orders of the district courts for Douglas and Boulder Counties granting motions for summary judgment invalidating new development school impact fees. Both courts concluded that the County Commissioners lacked authority, beyond the statutorily prescribed exaction for school purposes, to...
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