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BENNETT BEAR CREEK WATER & SAN. v. DENVER

Nos. 93CA1395, 93CA1410.

907 P.2d 648 (1995)

BENNETT BEAR CREEK FARM WATER AND SANITATION DISTRICT; Meadowbrook Water District; Willowbrook Water and Sanitation District; Cherry Creek Valley Water and Sanitation District; Cherry Moor Water District; Cherryridge Water and Sanitation District; Devonshire Heights Water and Sanitation District; Lakehurst Water and Sanitation District; City of Littleton; North Pecos Water and Sanitation District; Platte Canyon Water and Sanitation District; and Southwest Metropolitan Water and Sanitation District, Plaintiffs-Appellants, v. CITY AND COUNTY OF DENVER, a municipal corporation, acting by and through its Board of Water Commissioners, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 11, 1995.

Certiorari Granted December 18, 1995.

Attorney(s) appearing for the Case

Grimshaw and Harring, P.C., Richard L. Harring, Denver, for plaintiffs-appellants Bennett Bear Creek Farm Water and Sanitation Dist., Meadowbrook Water Dist., and Willowbrook Water and Sanitation Dist.

Timothy C. Terrill, Janesville, WI, for plaintiffs-appellants Cherry Creek Valley Water and Sanitation Dist., Cherry Moor Water Dist., Cherryridge Water and Sanitation Dist., Devonshire Heights Water and Sanitation Dist., Lakehurst Water and Sanitation Dist., City of Littleton, North Pecos Water and Sanitation Dist., Platte Canyon Water and Sanitation Dist., and Southwest Metropolitan Water and Sanitation Dist.

Parcel, Mauro, Hultin & Spaanstra, P.C., Peggy Montafio, Saunders, Snyder, Ross & Dickson, P.C., Jack F. Ross, Denver, David E. Bellack, Carbondale, for defendant-appellee.

Opinion by Judge BRIGGS.

In this consolidated appeal, plaintiffs, various water districts, water and sanitation districts, and the City of Littleton (collectively, distributors), appeal the trial court's judgment for defendant City and County of Denver (Denver), acting by and through its Board of Water Commissions (Board). The distributors' claims, for breach of contract, discriminatory and unreasonable rate setting, and declaratory judgment, arose out of an ongoing...

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