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DENVER PUB. CO. v. COUNTY COMM. OF ARAPAHOE

No. 03SC783.

121 P.3d 190 (2005)

The DENVER PUBLISHING COMPANY d/b/a Rocky Mountain News, Petitioner, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, Colorado; Tracy Baker, Clerk & Recorder, Arapahoe County; and Leesa Sale, Assistant Deputy Clerk, Respondents.

Supreme Court of Colorado, En Banc.

September 12, 2005.

Attorney(s) appearing for the Case

Baker & Hostetler, LLP, Marc D. Flink, Casie D. Collignon, Denver, for the Petitioner.

Kathryn L. Schroeder, Arapahoe County Attorney, Ronald A. Carl, Deputy County Attorney, Littleton, for the Respondent Board of County Commissioners of Arapahoe County.

Hall & Evans, Thomas Lyons, Harry Souvall, Denver, Amicus Curiae for the Colorado Counties, Inc.

King & Greisen, LLP, Julie C. Tolleson, American Civil Liberties Union of Colorado, Mark Silverstein, Legal Director, Denver, Amicus Curiae for the American Civil Liberties Union of Colorado.

Faegre & Benson LLP, Thomas B. Kelley, Steven D. Zansberg, Denver, Amicus Curiae for the Colorado Press Association and Colorado Freedom of Information Council.

MARTINEZ, Justice.

Petitioner, Denver Publishing Company (DPC), appeals a court of appeals' decision reversing an order of the district court and stopping the public release of several e-mail messages maintained by Arapahoe County. See In re Bd. of County Comm'rs, 95 P.3d 593 (Colo.App.2003). The court of appeals found that although all of the e-mail messages between an elected official, Tracy Baker, and a public employee,...

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