KRUPP v. BRECKENRIDGE SANITATION DIST.

No. 99SC491.

19 P.3d 687 (2001)

Marshall B. KRUPP; Renate D. Krupp; and CSA Real Estate Development, LLC, a Colorado limited liability company, Petitioners, v. The BRECKENRIDGE SANITATION DISTRICT, a Colorado Special District; The Board of Directors of the Breckenridge Sanitation District, and Andrew Carlberg, as Manager of the Breckenridge Sanitation District, Respondents.

Supreme Court of Colorado, En Banc.

February 26, 2001.


Attorney(s) appearing for the Case

Kutak Rock LLP, Michael G. Martin, Craig N. Johnson, Denver, CO, Attorneys for Petitioners.

Vranesh and Raisch, LLP, Eugene J. Riordan, R. Woodruff Curran, Boulder, CO, Attorneys for Respondents.

Carolynne C. White, Denver, CO, Attorney for Amicus Curiae Colorado Municipal League.

Evan Goulding, Denver, CO, Attorney for Amicus Curiae Special District Association.


Justice HOBBS delivered the Opinion of the Court.

The Breckenridge Sanitation District (the District), a special district providing wastewater services, assesses a plant investment fee (PIF) on all building projects within the District. Petitioners Marshall and Renate Krupp challenged the PIF assessment on their new residential townhouse project, arguing, inter alia, that it amounted to an unconstitutional taking of property.1 The...

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