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CITY OF BOULDER v. PUBLIC SERVICE CO. OF CO

Supreme Court Case No. 16SC894.

420 P.3d 289 (2018)

2018 CO 59

The CITY OF BOULDER, Colorado; the City of Council for the City of Boulder, Colorado; Suzanne Jones, in her official capacity as Mayor; Aaron Brockett, in his official capacity as Mayor Pro Tem; and Cindy Carlisle, Jill Alder Grano, Lisa Morzel, Mirabai Kuk Nagle, Bob Yates, Sam Weaver, and Mary Young, in their official capacities as members of the City Council, Petitioners, v. PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Respondent.

Supreme Court of Colorado.

June 18, 2018.

Attorney(s) appearing for the Case

Attorneys for Petitioners: Boulder City Attorney's Office, Thomas A. Carr , City Attorney, David J. Gehr , Deputy City Attorney, Kathleen Haddock , Senior Assistant City Attorney, Boulder, Colorado, Holland & Hart LLP, Marcy G. Glenn , Denver, Colorado, Hamre, Rodriguez, Ostrander & Dingess, PC, James Birch , Denver, Colorado.

Attorneys for Respondent: Faegre Baker Daniels, LLP, John R. Sperber , Denver, Colorado, Faegre Baker Daniels, LLP, Matthew D. Clark , Boulder, Colorado.

Attorney for Amicus Curiae Colorado Municipal League: Dianne M. Criswell , Denver, Colorado.

En Banc

¶ 1 This case arises out of respondent Public Service Company of Colorado's ("Xcel's") challenge to the City of Boulder's attempt to create a light and power utility. Xcel asserts that the ordinance establishing the utility, Ordinance No. 7969 (the "Utility Ordinance"), violates article XIII...

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