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

No. 20459.

376 P.2d 981 (1962)

CITY AND COUNTY OF DENVER, a Municipal Corporation, and Kirkland Development Company, a Colorado Corporation, Intervener, Plaintiffs in Error, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, State of Colorado; Cherry Creek School District No. 5, County of Arapahoe, and State of Colorado; Hallie R. Dyer, Evelyn J. Dyer, Leslie McMurry and Ethel McMurry, Defendants in Error.

Supreme Court of Colorado. En Banc.

December 17, 1962.

Attorney(s) appearing for the Case

Robert S. Wham, City Atty., Richard P. Matsch, Deputy City Atty., Thomas G. Roche, Asst. City Atty., Denver, for plaintiff in error City and County of Denver.

C. Blake Hiester, Jr., Bill Earl Tom, Denver, for plaintiff in error Kirkland Development Co., intervener.

Richard D. Dittemore, Littleton, for defendants in error.

SUTTON, Justice.

In the trial court plaintiffs in error were defendants and defendants in error plaintiffs. We shall refer to them as they therein appeared or by name.

By their complaint plaintiffs attacked the validity of an annexation to Denver of certain Arapahoe County land belonging to Kirkland Development Company. The annexation was accomplished by Denver Ordinance No. 49, Series of 1941.

Plaintiffs' First, Second, Third, Fourth, Fifth and Eighth...

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