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SAFARI 300, LTD. v. HAMILTON FAMILY ENTERPRISES

No. 06CA0065.

181 P.3d 278 (2007)

SAFARI 300, LTD., d/b/a Cherry Creek State Park Shooting Center, Inc.; Peggy Duckworth; and Allan Duckworth, Plaintiffs-Appellees, v. HAMILTON FAMILY ENTERPRISES, INC., Defendant-Appellant, and Colorado Department of Natural Resources, Division of Parks and Outdoor Recreation; Robert Toll; Carolyn Armstrong; and City of Greenwood Village, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Certiorari Denied April 14, 2008.

Attorney(s) appearing for the Case

Inman, Flynn, Biesterfeld, Brentlinger and Moritz, P.C., Eric J. Voogt, Denver, Colorado, for Plaintiffs-Appellees.

Hamilton & Faatz, P.C., Clyde A. Faatz, Jr., Christopher J.W. Forrest, Robin L. Nolan, Denver, Colorado, for Defendant-Appellant.

John W. Suthers, Attorney General, Amy C. Colony, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge TERRY.

In this appeal, we consider whether a corporate entity can be considered a public employee under the Colorado Governmental Immunity Act (CGIA), § 24-10-101, et seq., C.R.S.2006, and conclude that it cannot.

Defendant Hamilton Family Enterprises, Inc. (HFE), which claims that it is a public employee under the CGIA, appeals the order denying its C.R.C.P. 12(b)(1) motion to dismiss the complaint of plaintiffs, Safari 300 Ltd., Peggy...

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