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IN RE BLACK FOREST FIRE/RESCUE PROT. DIST.

No. 02CA1718.

85 P.3d 591 (2003)

In the Matter of BLACK FOREST FIRE/RESCUE PROTECTION DISTRICT, a political subdivision of the State of Colorado, Impartial. Black Forest/Fire Rescue Protection District, a Colorado Special District, Appellant, and David D. Jenkins; Carolyn Sue Jenkins; Chris Mark Chad, LLC, a Colorado limited liability company; Johnson Ranch Land Co., LLC, a Colorado limited liability company; LP47, LLC, a Colorado limited liability company, and Black Forest Road Land Co., LLC, a Colorado limited liability company, Appellees.

Colorado Court of Appeals, Div. III.

Certiorari Denied March 15, 2004.

Attorney(s) appearing for the Case

Hanes & Schutz, P.C., Richard W. Hanes, Timothy J. Schutz, Elana L. Sabovic, Colorado Springs, CO, for Appellant.

Grimshaw & Harring, P.C., Wayne B. Schroeder, Jody Harper Alderman, Julie Karon Blakley, Denver, CO, for Appellees.

Opinion by Judge MARQUEZ.

Black Forest Fire/Rescue Protection District appeals the summary judgment calculating the share of the District's indebtedness to be paid by David D. Jenkins; Carolyn Sue Jenkins; Chris Mark Chad, LLC; Johnson Ranch Land Co., LLC; LP 47, LLC; and Black Forest Road Land Co., LLC (landowners), whose properties were excluded from the District. We reverse and remand.

In November 2001, the District obtained voter approval of a mill levy...

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