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BOOTH v. BOARD OF EDUC.

No. 96CA0348.

950 P.2d 601 (1997)

Cordia BOOTH, James Stamper, Eugene Copeland, and Bill King, on behalf of the proposed Thurgood Marshall Charter Middle School, Plaintiffs-Appellees, and The Colorado State Board of Education, Intervenor-Appellee and Cross-Appellant, v. The BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER, and Thomas M. Mauro, Sharon R. Bailey, Lynn D. Coleman, Aaron M. Gray, J.P. Hemming, Carole R. McCotter, and Marcia M. Johnson in their official capacities as members of the Board of Education, Defendants-Appellants and Cross-Appellees, and Sharon Eastlund, Intervenor-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing July 10, 1997.

Certiorari Granted February 2, 1998.

Attorney(s) appearing for the Case

Rothgerber, Appel, Powers & Johnson, Gregory B. Kanan, Parcel, Mauro, Hultin & Spaanstra, P.C., Gwen J. Young, Susan J. Keller, DiManna & Jackson, Daniel A. Sweetser, Denver, for Plaintiffs-Appellees.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, William E. Thro, Assistant Attorney General, Denver, for Intervenor-Appellee and Cross-Appellant.

Semple & Mooney, P.C., Patrick B. Mooney, Michael H. Jackson, Denver, for Defendants-Appellants and Cross-Appellees.

Collins & Pringle, Dwight L. Pringle, Denver, for Intervenor-Appellant and Cross-Appellee.

Miller, DeLay & Crabb, P.C., Kenneth A. DeLay, Christopher E. Gdowski, Westminster, Amicus Curiae for School District No. 12 in the County of Adams.

James W. Griffin, Lakewood, Amicus Curiae for the Colorado League of Charter Schools.

Opinion by Judge CRISWELL.

Plaintiffs were applicants for a charter for the proposed Thurgood Marshall Charter Middle School (Charter School) pursuant to the Charter Schools Act (the Act), § 22-30.5-101, et seq., C.R.S. (1995 Repl.Vol. 9). They instituted this action against the Board of Education of School District No. 1 in the City and County of Denver (Denver Board), seeking judicial enforcement of an order entered by the Colorado State Board of Education...

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