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LAKE DURANGO v. PUC

No. 02SA100.

67 P.3d 12 (2003)

LAKE DURANGO WATER COMPANY, INC., Petitioner-Appellant/Cross-Appellee, v. The PUBLIC UTILITIES COMMISSION OF the STATE of COLORADO; and Raymond Gifford, Polly Page, and James Dyer, Commissioners thereof, individually named in their official capacity; Respondents-Appellees, and Durango West Metropolitan District No. 1., Respondent-Appellee/Cross-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 28, 2003.

Attorney(s) appearing for the Case

Jones & Keller, P.C., Edward T. Lyons, Jr., Alvin J. Meiklejohn, Jr., Denver, CO, Attorneys for Petitioner.

Ken Salazar, Attorney General, Anthony Marquez, First Assistant Attorney General, Paul C. Gomez, Assistant Attorney General, Denver, CO, Attorneys for Respondents Public Utilities Commission of the State of Colorado; Raymond Gifford, Polly Page, and James Dyer.

Hill & Robbins, P.C., Ronald L. Wilcox, Jennifer H. Hunt, Denver, CO, Attorneys for Respondent Durango West Metropolitan District No. 1.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

This case is before this court for review of the district court's decision affirming an award by the Public Utilities Commission (PUC) of attorney's fees and costs to Durango West Metropolitan District No. 1 (the District) for expenses incurred during related proceedings between the District and Lake Durango Water Company (Lake Durango). Lake Durango challenges the award on three bases...

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