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FIRST CHRISTIAN ASSEMBLY OF GOD v. CITY AND COUNTY OF DENVER

No. 04CA1449.

122 P.3d 1089 (2005)

FIRST CHRISTIAN ASSEMBLY OF GOD, MONTBELLO, a/k/a Kiddie C.A.T. Day Care Center, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, a Colorado municipal corporation, Defendant-Appellee.

Colorado Court of Appeals, Division A.

September 22, 2005.

Attorney(s) appearing for the Case

Gersh & Helfrich, LLP, Miles M. Gersh, James S. Helfrich, Denver, Colorado, for Plaintiff-Appellant.

Cole Finegan, City Attorney, Norman R. Bangeman, Assistant City Attorney, Victoria J. Ortega, Assistant City Attorney, Denver, Colorado, for Defendant-Appellee.

DAVIDSON, Chief Judge.

In this breach of contract action, plaintiff, First Christian Assembly of God, Montbello, appeals from the trial court's entry of summary judgment in favor of defendant, the City and County of Denver (the city). We reverse and remand.

Plaintiff operates a day care center for low-income families in Denver. From August 1999 to April 2002, plaintiff participated with the city in a program in which it agreed to decrease tuition, decrease...

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