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CITY AND COUNTY OF DENVER v. HOLMES

No. 21070.

400 P.2d 901 (1965)

The CITY AND COUNTY OF DENVER, a municipal corporation, Al Hively, as Assessor of Arapahoe County, State of Colorado and Paul Wolf, as Treasurer of Arapahoe County, State of Colorado, Plaintiffs in Error, v. Kenneth G. HOLMES, Dorothy V. Holmes, Robert G. Fawcett, and Loretta V. Fawcett, College View Civic Association, and the Board of County Commissioners of the County of Arapahoe, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied April 26, 1965.

Attorney(s) appearing for the Case

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

H. E. Carleno, Robert R. Gallagher, Jr., Englewood, for defendants in error Kenneth G. Holmes, Dorothy V. Holmes, Robert G. Fawcett, Loretta V. Fawcett, and College View Civic Ass'n.

Richard D. Dittemore, Littleton, for defendant in error Board of County Com'rs of Arapahoe County.

DAY, Justice.

This action was instituted pursuant to C.R.S. '53, 139-11-6, to annul a Denver city ordinance (No. 65, Series of 1962) whereby certain lands in Arapahoe County were to be annexed.

The plaintiffs in the trial court are the defendants in error here. The four named plaintiffs are residents and real estate taxpayers in the area sought to be annexed, representing the landowners who are opposed to the annexation. The College View Civic Association...

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