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CITY OF ASPEN v. HOWELL

No. 23832.

459 P.2d 764 (1969)

CITY OF ASPEN, a municipal corporation, Plaintiff in Error, v. Samuel W. HOWELL, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 3, 1969.

Attorney(s) appearing for the Case

Kohn & Howe, Charles B. Howe, Boulder, for plaintiff in error.

Nelson, Hoskin & Groves, John W. Groves, Grand Junction, for defendant in error.

PRINGLE, Justice.

This is an action to review the validity of an annexation conducted under the provisions of the Municipal Annexation Act of 1965, 1965 Perm.Supp., C.R.S.1963, 139-21 [hereinafter cited as Annexation Act]. By a small majority, the voters in the territory to be annexed expressed their preference for annexation by the City of Aspen. On the petition of Samuel Howell, the defendant in error here, the district court ruled that the election was invalid...

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