Mountain States Telephone & Telegraph Co. v. Animas Mosquito Control District

380 P.2d 560 (1963)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, Plaintiff In Error,

v.

ANIMAS MOSQUITO CONTROL DISTRICT, Defendant in Error.

No. 19812.

Supreme Court of Colorado. En Banc.

April 8, 1963.

Akolt, Turnquist, Shepherd & Dick, Pauline J. Nelson, Denver, for plaintiff in error.

Emigh & Emigh, Durango, for defendant in error.

HALL, Justice.

We refer to the plaintiff in error as the telephone company and to the defendant in error as the district.

On September 28, 1960, the trial court entered an order creating the district pursuant to authority granted by CRS '53, 89-3 (1947 Act), which…