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IN RE BD. OF CTY. COM'RS, CTY. OF ARAPAHOE

No. 03CA0074.

95 P.3d 593 (2003)

Upon the Petition of BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, Colorado, Petitioner-Appellee, and Concerning Tracy Baker, Clerk and Recorder, Arapahoe County, and Leesa Sale, Assistant Deputy Clerk, Respondents-Appellants, and Denver Publishing Company, d/b/a Rocky Mountain News, a Colorado Corporation, Intervenor-Appellee.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing October 23, 2003.

Certiorari Granted July 26, 2004.

Attorney(s) appearing for the Case

Kathryn L. Schroeder, County Attorney, George Rosenberg, Assistant County Attorney, Ronald A. Carl, Assistant County Attorney, Littleton, Colorado, for Petitioner-Appellee.

Law Firm of Leonard M. Chesler, William P. Buckley, Denver, Colorado, for Respondent-Appellant Tracy Baker.

Robert E. Goodwin & Associates, Robert E. Goodwin, Denver, Colorado, for Respondent-Appellant Leesa Sale.

Baker & Hostetler, LLP, Marc D. Flink, Denver, Colorado, for Intervenor-Appellee.

Opinion by Judge TAUBMAN.

Respondents, Tracy Baker and Leesa Sale, appeal the judgment of the trial court requiring the release of 622 of their e-mails, including 570 sexually explicit or romantic e-mails, under the Colorado Open Records Act (CORA), § 24-72-101, et seq., C.R.S.2002. We reverse in part, vacate in part, and remand for further proceedings.

The facts underlying this controversy are undisputed. Arapahoe County is a political subdivision of...

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