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SMITH v. TOWN OF SNOWMASS VILLAGE

No. 95CA0496.

919 P.2d 868 (1996)

Diane SMITH and Bruce A. Smith, Plaintiffs-Appellants and Cross-Appellees, v. TOWN OF SNOWMASS VILLAGE, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 16, 1996.

Attorney(s) appearing for the Case

Freeman & Jenner, P.C., Martin H. Freeman, Aspen, for Plaintiffs-Appellants and Cross-Appellees.

Watson, Nathan & Bremer, P.C., J. Andrew Nathan, Andrew J. Fisher, Denver, for Defendant-Appellee and Cross-Appellant.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Cristina Valencia, Assistant Attorney General, Denver, for Amicus Curiae State of Colorado.

Opinion by Chief Judge STERNBERG.

Plaintiffs, Diane and Bruce A. Smith, appeal from the trial court's judgment dismissing their complaint against defendant, the Town of Snowmass Village (Town), based on governmental immunity. The Town cross-appeals from the trial court's denial of its attorneys fees and its partial award of the actual costs the Town incurred. We affirm in part, reverse in part, and remand with directions.

On the evening of January 18, 1992...

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