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PRAIRIE DOG ADVOCATES v. CITY OF LAKEWOOD

No. 98CA2396.

20 P.3d 1203 (2000)

PRAIRIE DOG ADVOCATES, a Colorado unincorporated nonprofit association, Plaintiff-Appellee, v. CITY OF LAKEWOOD, a Colorado home rule municipality, including the Lakewood Department of Community Resources; Michael Segrest, acting in his official capacity as Director of Community Resources; William Jewell, acting in his official capacity as Manager of Regional Parks and Golf of the Department of Community Resources; Bonnie Allison, Steve Burkholder, Barbara Green-Martin, Carol Kesselmann, Jean Saum, Jim Bullocks, Bob Filson, Margy Greer, Kathy Knoble, and Scat Scatterday, Jr., in their official capacities as City Council Members; and Linda Morton, acting in her official capacity as Mayor, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing July 20, 2000.

Certiorari Denied April 9, 2001.

Attorney(s) appearing for the Case

Stiner & Beck, Jennifer Melton, Golden, Colorado, for Plaintiff-Appellee

Gorsuch Kirgis LLP, Malcolm M. Murray, Denver, Colorado, for Defendants-Appellants.

Opinion by Judge PLANK.

Defendant, the City of Lakewood (the city), appeals an injunction preventing it from exterminating some of the prairie dogs in a city park. The injunction resulted from an action brought by plaintiff, Prairie Dog Advocates, an unincorporated nonprofit association, for review of the city's decision pursuant to C.R.C.P. 106(a)(4). We reverse and remand with directions.

The city owns and operates...

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