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ELLIOTT v. CITY OF FORT COLLINS

No. 18076.

313 P.2d 316 (1957)

James ELLIOTT and Chester A. Bennett, individually and on behalf of others similarly situated; Paul Hamilton and Jack L. Burgess, Plaintiffs in Error, v. CITY OF FORT COLLINS, a corporation; William H. Allen, individually and as acting mayor J. Morris Howell, R. A. Ellis, Robert W. Sears and W. Frank Aydelotte, as councilmen; and Guy H. Palmes, Individually and as Director of the Department of Finance, Defendants in Error.

Supreme Court of Colorado. En Banc.

July 15, 1957.

Attorney(s) appearing for the Case

Chester A. Bennett, Fort Collins, for plaintiffs in error.

A. E. March, O. Rex Wells, Fort Collins, for defendants in error.

HOLLAND, Justice.

Pursuant to special statute, a petition for annexation of a certain area to the City of Fort Collins was presented to the city council on February 2, 1956. The petition substantially complied with the annexation statute and was accepted by resolution of the council on February 9 following, and thereupon council ordered the city clerk to publish notice of a hearing on the ordinance for March 22, 1956. On that date a counter petition was presented...

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