CITY AND COUNTY OF DENVER v. BOARD OF COUNTY COM'RS

No. 18777.

347 P.2d 132 (1959)

CITY AND COUNTY OF DENVER, a municipal corporation, and Paul A. Hentzell, Joe Ciancio, Jr., William E. Flor, George Cavender, Elvin R. Caldwell, Alex B. Holland, C. Paul Harrington, Earl E. Dole and Roland Mapelli, as duly elected, qualified and acting members of the City Council of the City and County of Denver, a municipal corporation, Plaintiffs in Error, v. BOARD OF COUNTY COMMISSIONERS OF COUNTY OF ARAPAHOE, State of Colorado, Don I. Dunn and Gertrude J. Dunn, Defendants in Error.

Supreme Court of Colorado, In Department.

November 30, 1959.


Attorney(s) appearing for the Case

John C. Banks, City Atty., Thomas G. Roche, Asst. City Atty., Denver, for plaintiffs in error.

Harry E. Carleno, Englewood, J. Sherman Brown, Littleton, for defendants in error.

George J. Francis, Denver, amicus curiae.


SUTTON, Justice.

Several questions are presented in the case before us, only one of which we need consider since it is determinative of the issue. It is: may a trial court, at the request of petitioning landowners based primarily upon a claim of an illegal and insufficient annexation petition of other owners who requested annexation, enjoin the passage and adoption of an annexation ordinance of the City and County of Denver? This question is answered in the negative...

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