ELINKS v. CITY AND COUNTY OF DENVER

No. 20743.

402 P.2d 617 (1965)

Carroll S. ELKINS, Kerstin E. Elkins, Rachel G. Webb and Bob G. Webb, and the Board of County Commissioners of the County of Arapahoe, Plaintiffs in Error, v. The CITY AND COUNTY OF DENVER, a municipal corporation, Al Hively, as Assessor of Arapahoe County, and Paul Wolf, as Treasurer of Arapahoe County, State of Colorado, William J. Suitts, the A. L. Johnson Company, Inc., a Colorado corporation, Suitts Family Investment Company, a Colorado corporation, 214 Corporation, a Colorado corporation, Colorado Title Service Company, a Colorado corporation, Colorado Mortgage Company, a Colorado corporation, and Henry C. Van Schaack, Jr., Defendants in Error.

Supreme Court of Colorado, En Banc.

May 17, 1965.


Attorney(s) appearing for the Case

Harry E. Carleno, Robert R. Gallagher, Jr., Englewood, for Carroll C. Elkins, Kerstin E. Elkins, Rachel G. Webb and Bob G. Webb.

Richard D. Dittemore, Littleton, for Board of County Commissioners.

Max P. Zall, Thomas G. Roche, Denver, for defendant in error City and County of Denver.

Donaldson, Hoffman & Goldstein, Denver, for defendants in error William J. Suitts, The A. L. Johnson Co. Inc., Suitts Family Investment Co., 214 Corporation, Colorado Title Service Company, Colorado Mortgage Company and Henry C. Van Schaack, Jr.

Dawson, Nagel, Sherman & Howard, Michael Reidy, Raymond J. Turner, Denver, amicus curiae.


MOORE, Justice.

We will refer to plaintiffs in error as plaintiffs or by name, and to the defendants in error as defendants.

On June 5, 1961, a "Petition for Annexation," and a plat of certain unincorporated land in Arapahoe county comprising 1,040 acres known as "Fort Logan Reservation," were filed with the city council of the City and County of Denver. On June 12, 1961, the council, by resolution, determined that the petition met the requirements of C.R...

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