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TOWN OF ERIE v. TOWN OF FREDERICK

No. 09CA1066.

251 P.3d 500 (2010)

TOWN OF ERIE, Colorado, a Colorado municipal corporation, Plaintiff-Appellant and Cross-Appellee, v. TOWN OF FREDERICK, a Colorado municipal corporation; Eric E. Doering, in his capacity as Mayor of the Town of Frederick, Colorado; and Board of Trustees of Frederick, Colorado, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. I.

June 10, 2010.

Attorney(s) appearing for the Case

Nathan, Bremer, Dumm & Myers, P.C., J. Andrew Nathan , Marni Nathan Kloster , Denver, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Samson, Pipis & March, L.L.C., Richard E. Samson , Cyril R. Vidergar , Longmont, Colorado; The Fowler Law Firm, L.L.C., Timms R. Fowler , Fort Collins, Colorado, for Defendants-Appellees and Cross-Appellants.

Opinion by Judge TAUBMAN.

Plaintiff, Town of Erie (Erie), appeals the trial court's judgment approving annexations by defendant, Town of Frederick (Frederick), and Frederick conditionally cross-appeals. We affirm Frederick's annexations and remand for a calculation of reasonable appellate attorney fees and costs. Because we affirm the trial court's ruling, we do not address the issues Frederick raises on cross-appeal.

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