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TOWN OF EAGLE v. SCHEIBE

No. 99SC213.

10 P.3d 648 (2000)

The TOWN OF EAGLE a Colorado statutory town; Roxie Deane, in her capacity as Mayor of the Town of Eagle; and Rick Dunford, Jean Johnson, Bill Heicher, Paul Gregg, Tom Ehrenberg, and Bruce Hasbrouck, in their capacities as members of the Board of Trustees of the Town of Eagle, Petitioners, v. Paul SCHEIBE and Judy Scheibe d/b/a Best Western Eagle Lodge; and Eagle Economy Lodging, L.L.C. d/b/a Holiday Inn Express, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 10, 2000.

Attorney(s) appearing for the Case

Carter & Sands, P.C., Edward P. Sands, Rifle, Colorado, Walter H. Sargent, P.C., Walter H. Sargent, Colorado Springs, Colorado, Attorneys for Petitioners.

Alexander & Crabtree, P.C., C. Scott Crabtree, Stephen Fitzsimmons, Denver, Colorado, Attorneys for Respondents.

Colorado Municipal League, Geoffrey T. Wilson, Denver, Colorado, Attorney for Amicus Curiae, Colorado Municipal League.

Chief Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to review the published opinion of the court of appeals in Scheibe v. Town of Eagle, 983 P.2d 133 (Colo.App.1999). The petitioners, the Town of Eagle, Roxie Deane, Rick Dunford, Jean Johnson, Bill Heicher, Paul Gregg, Tom Ehrenberg, and Bruce Hasbrouck (collectively "Eagle"), argue that the court of appeals erroneously held that the Town of Eagle...

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