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CITY OF COLORADO SPRINGS v. POWELL

Nos. 05SC743, 05SC746.

156 P.3d 461 (2007)

CITY OF COLORADO SPRINGS, a home rule municipality, Petitioner v. Valerie POWELL, a natural parent of decedent; Steven Powell, individually; and James Powell, a minor, by and through his conservator, Mark Elliott. City of Longmont, Petitioner v. Judith Henry-Hobbs, Respondent.

Supreme Court of Colorado, En Banc.

April 9, 2007.

Attorney(s) appearing for the Case

Patricia K. Kelly, City Attorney/Chief Legal Officer, Shane White, Senior Attorney, Colorado Springs, Colorado, Attorneys for Petitioner City of Colorado Springs.

Hall & Evans, L.L.C., David R. Brougham, Thomas J. Lyons, Denver, Colorado, Attorneys for Petitioner City of Longmont.

Melat, Pressman & Hogbie, LLP, Glenn S. Pressman, P.C., Glenn S. Pressman, Colorado Springs, Colorado, Attorneys for Respondents Valerie Powell, Steven Powell and James Powell.

Karen Colburn, Roger Fraley, Jr., Denver, Colorado, Attorneys for Respondent Judith Henry-Hobbs.

Chief Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari in these cases to review the court of appeals' determination that House Bill 03-1288 operates only prospectively. The bill amended the exemption from liability in the Colorado Governmental Immunity Act regarding sanitation facilities of governmental entities. We affirm the court of appeals and hold that House Bill 03-1288 does not apply in determining the rights and liabilities at issue...

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