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CITY COUNCIL v. SOUTH SUBURBAN PARK AND RECREATION DIST.

No. 05CA0292.

160 P.3d 376 (2007)

CITY COUNCIL OF the CITY OF CHERRY HILLS VILLAGE, Colorado; and City of Cherry Hills Village, Colorado, Plaintiffs-Appellants and Cross-Appellees, v. SOUTH SUBURBAN PARK AND RECREATION DISTRICT, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. III.

March 22, 2007.

Attorney(s) appearing for the Case

Murray Dahl Kuechenmeister & Renaud LLP, Malcolm M. Murray, Denver, Colorado; Davis Graham & Stubbs LLP, Andrew M. Low, Denver, Colorado, for Plaintiffs-Appellants and Cross-Appellees.

Paul C. Rufien, P.C., Paul C. Rufien, Denver, Colorado, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge WEBB.

In this statutory action for exclusion of property within a municipality from a special district, the trial court ordered the exclusion of the territory described in the petition upon certain conditions. Petitioners, the City Council of the City of Cherry Hills Village, Colorado and the City of Cherry Hills Village, Colorado (collectively, Cherry Hills), appeal the portion of the trial court's order that requires Cherry Hills to pay the special...

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