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TOWN OF MARBLE v. DARIEN

No. 07SC01.

181 P.3d 1148 (2008)

The TOWN OF MARBLE, a Colorado statutory municipal corporation; The Town Council of the Town of Marble; and Hal Sidelinger and Robert Pettijohn, in their official capacities as members of the Town Council, Petitioners, v. Larry DARIEN, Dana Darien, Tom Williams, and Dan Brumbaugh, Respondents.

Supreme Court of Colorado, En Banc.

April 14, 2008.

Attorney(s) appearing for the Case

Caloia Houpt & Hamilton, P.C., Sherry A. Caloia, Mary Elizabeth Geiger, Glenwood Springs, Colorado, Attorneys for Petitioners.

Luke J. Danielson, Gunnison, Colorado, R.A. Santarelli, Almont, Colorado, Attorneys for Respondents.

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

Levine Sullivan Koch & Schulz, LLP, Thomas B. Kelley, Steven D. Zansberg, Adam M. Platt, Denver, Colorado, Attorneys for Amici Curiae Colorado Press Association and Colorado Freedom of Information Council.

Carver Schwarz McNab & Bailey, LLC, Christopher Kamper, Denver, Colorado, Attorney for Amicus Curiae Common Cause of Colorado, Inc.

Justice EID delivered the Opinion of the Court.

This case arises from an alleged violation of a provision of the Colorado Open Meetings Law that requires public bodies to provide full notice of public meetings. On January 8, 2004, the town council of Petitioner Town of Marble held a public meeting at which it voted to reject a proposal for erecting a permanent monument at Mill Site Park, a local park owned by the Town. Respondents, who are proponents of the proposal...

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