CTY. COM'RS OF GILPIN v. CITY OF BLACK HAWK

Nos. 11CA1852, 11CA2003.

292 P.3d 1172 (2012)

2012 COA 172

BOARD OF COUNTY COMMISSIONERS OF GILPIN COUNTY, a Colorado county; Forrest Whitman, in his official capacity as member of the Board of County Commissioners and individually as taxpayer and resident of Gilpin County; Bruce V. Schmalz, in his official capacity as member of the Board of County Commissioners and individually as taxpayer and resident of Gilpin County; and Connie McLain, in her official capacity as member of the Board of County Commissioners and individually as taxpayer and resident of Gilpin County, Plaintiffs-Appellants, v. CITY OF BLACK HAWK, Defendant-Appellant, and Colorado Limited Gaming Control Commission; Colorado Division of Gaming; Walker Stapleton, in his official capacity as Colorado State Treasurer; Board of County Commissioners of Teller County, a Colorado county; City of Cripple Creek; and City of Central, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

October 11, 2012.


Attorney(s) appearing for the Case

Petrock & Fendel, P.C., James J. Petrock , Bradford R. Benning , Kara Godbehere , Denver, Colorado, for Plaintiffs-Appellants.

Murray, Dahl, Kuechenmeister & Renaud, LLP, M. Patrick Wilson , Christopher Price , Denver, Colorado, for Defendant-Appellant.

John W. Suthers , Attorney General, John A. Lizza , First Assistant Attorney General, Ceri C. Williams , Senior Assistant Attorney General, Denver, Colorado, for Defendants-Appellees Colorado Limited Gaming Control Commission and Colorado Division of Gaming.

John W. Suthers , Attorney General, Maurice G. Knaizer , Deputy Attorney General, Denver, Colorado, for Defendant-Appellee Walker Stapleton.

Sparks, Willson, Borges, Brandt & Johnson, P.C., Christopher M. Brandt , Paul W. Hurcomb , Colorado Springs, Colorado, for Defendant-Appellee Board of County Commissioners of Teller County.

Norton, Smith & Keane, P.C., Charles E. Norton , J. Michael Keane , Denver, Colorado, for Defendant-Appellee City of Cripple Creek.

Widner, Michow & Cox, LLP, Linda C. Michow , Maureen Juran , Centennial, Colorado, for Defendant-Appellee City of Central.


Opinion by Judge FURMAN.

¶ 1 Plaintiffs, the Board of County Commissioners of Gilpin County, Forrest Whitman, Bruce V. Schmalz, and Connie McLain (collectively, Gilpin County), and defendant, the City of Black Hawk (Black Hawk), appeal the district court's order dismissing their claims against defendants, the Colorado Limited Gaming Control Commission (Commission), the Colorado Division of Gaming (Division of Gaming), Walker Stapleton, in his official capacity...

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