DARIEN v. TOWN OF MARBLE

No. 05CA0587.

159 P.3d 761 (2006)

Larry DARIEN, Dana Darien, Tom Williams, and Dan Brumbaugh, Plaintiffs-Appellants and Cross-Appellees, v. TOWN OF MARBLE Colorado, a body corporate; Town Council of the Town of Marble; and Hal Sidelinger and Robert Pettijohn, in their official capacities as members of the Town Council, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. IV.

November 16, 2006.


Attorney(s) appearing for the Case

Rikki A. Santarelli, Almont, Colorado; Luke J. Danielson, Gunnison, Colorado, for Plaintiffs-Appellants and Cross-Appellees.

Caloia, Houpt & Hamilton P.C., Sherry A. Caloia, Mary Elizabeth Geiger, Robert Gavrell, Glenwood Springs, Colorado, for Defendants-Appellees and Cross-Appellants.

Geoffrey T. Wilson, Denver, Colorado, for Amicus Curiae Colorado Municipal League.


JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS

Opinion by Judge CARPARELLI.

Plaintiffs, Larry Darien, Dana Darien, Tom Williams, and Dan Brumbaugh, appeal the trial court's judgment in favor of defendants, the Town of Marble, the Town Board of Trustees of the Town of Marble, and Hal Sidelinger and Robert Pettijohn in their official capacities as members of the Board (collectively the Town). The Town cross-appeals for an award of attorney fees. We reverse...

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