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COUNTY RD. USERS ASS'N v. COUNTY COM'RS

No. 97CA2035.

987 P.2d 861 (1998)

COUNTY ROAD USERS ASSOCIATION, Earl Beasley, and F.T. Havens, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARCHULETA, Colorado, and The Town of Pagosa Springs, a municipal corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing May 27, 1999.

Certiorari Granted in Part November 1, 1999.

Attorney(s) appearing for the Case

Abadie & Zimsky, LLC, William E. Zimsky, Durango, for Plaintiffs-Appellants.

Larry W. Holthus, Archuleta County Attorney, Pagosa Springs, for Defendant-Appellee Board of County Commissioners.

Collins and Cockrel, P.C., Robert G. Cole, Paul C. Rufien, Denver, for Defendant-Appellee Town of Pagosa Springs.

Opinion by Judge ROY.

In this mandamus action, plaintiffs, County Road Users Association (Association), Earl Beasley, and F.T. Havens, appeal from the summary judgment entered in favor of defendants, the Archuleta County Board of County Commissioners (Commissioners) and the Town of Pagosa Springs (Town). We reverse and remand with directions.

The facts are essentially undisputed. Archuleta County (County) adopted a county wide sales tax as authorized by &...

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