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ROGERS v. CITY AND COUNTY OF DENVER

No. 22005.

419 P.2d 648 (1966)

Clyde B. ROGERS, Betty J. Rogers, John L. Lemster, and as a class, all persons similarly situated, and the Board of County Commissioners of the County of Arapahoe, Plaintiffs in Error, v. The CITY AND COUNTY OF DENVER, a Municipal corporation, and the Cherry Creek School District No. 5 in the County of Arapahoe and State of Colorado, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 21, 1966.

Attorney(s) appearing for the Case

Harry L. Arkin, Denver, for plaintiffs in error.

Max P. Zall, City Atty., Thomas G. Roche, Asst. City Atty., Denver, for defendants in error.

McWILLIAMS, Justice.

This writ of error concerns the annexation by the City and County of Denver of certain land situate in the County of Arapahoe.

C.R.S.1963, 139-10-8, which was repealed by the General Assembly in 1965, provided, in part, as follows:

"Landowner defined.—For the purposes of this article `landowners,' as used in section 139-10-3, shall mean owners in fee of real property in the territory proposed to be annexed who have...

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