SAXE v. BOARD OF TRUSTEES

No. 05CA1251.

179 P.3d 67 (2007)

Eugene W. SAXE, Thomas Lason Altherr, Cindy L. Carlson, Norman E. Pence, David Sullivan, and Colorado Federation of Teachers, Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF METROPOLITAN STATE COLLEGE OF DENVER, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

March 8, 2007.


Attorney(s) appearing for the Case

Buescher, Goldhammer, Kelman & Dodge, P.C., Joseph M. Goldhammer, Denver, Colorado, for Plaintiffs-Appellants.

John W. Suthers, Attorney General, Fred C. Kuhlwilm, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.

Christopher Beasley, Denver, Colorado; Robert A. Gorman, Philadelphia, Pennsylvania; David M. Rabban, Austin, Texas, for Amicus Curiae American Association of University Professors, On the Briefs.


Opinion by Judge TAUBMAN.

In this action for declaratory and injunctive relief, plaintiffs, five tenured professors at Metropolitan State College of Denver (Metro State) and the Colorado Federation of Teachers (collectively Professors), appeal the judgment entered following a bench trial, denying one claim and dismissing another against defendant, Board of Trustees of Metro State (Board). We affirm in part, reverse in part, and remand.

I. Background

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