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HENDERSON v. CITY OF FORT MORGAN

No. 10CA1409.

277 P.3d 853 (2011)

Ronald E. HENDERSON, Plaintiff-Appellant, v. CITY OF FORT MORGAN, a municipal corporation and political subdivision of the State of Colorado; and City Council of the City of Fort Morgan, in its official capacity as a formally constituted public body, Defendants-Appellees.

Colorado Court of Appeals, Div. VI.

August 4, 2011.

Attorney(s) appearing for the Case

Levine Sullivan Koch & Schulz, LLP, Thomas B. Kelley , Christopher P. Beall , Steven D. Zansberg , Denver, CO, for Plaintiff-Appellant.

Jeffrey A. Wells , City Attorney, Jerrae C. Swanson , Assistant City Attorney, Fort Morgan, CO, for Defendants-Appellees.

Halifax Legal LLC, Adam M. Platt , Denver, CO, for Amicus Curiae Colorado Press Association.

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

Opinion by Judge LICHTENSTEIN.

Plaintiff, Ronald E. Henderson, appeals the trial court's C.R.C.P. 12(b)(5) dismissal of his claims for injunctive and declaratory relief against defendant, City of Fort Morgan, asserting that the Fort Morgan City Council's voting procedure violated the Colorado Open Meetings Law (COML). We affirm.

I. Background

This dispute arises out of the Fort Morgan City Council's use...

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