Radcliff Properties, LLLP, et. al. v. City of Sheridan 2012COA82 (May 10, 2012)

Sewers, water, and road maintenance – these are the things that the City of Sheridan does not directly provide to its residents.  Unhappy, Radcliff wanted to leave Sheridan.  In order for a business to disconnect from a municipality under C.R.S. 31-12-119, a petition to disconnect must meet the statutory requirements of C.R.S. 31-12-601.  One of those requirements is that the municipality does not, upon demand, provide the parcel seeking to disconnect with the same services on the same general terms and conditions that the rest of the municipality receives.  Sheridan, however, does not own its water and sewer systems, and can’t pay for road maintenance anywhere.   The appeals court upheld the trial court’s finding that Radcliff does not receive services just like the rest of Sheridan does not receive services, and upheld the denial of the petition to disconnect.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA0462-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8513&courtid=1

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