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

No. 23614.

459 P.2d 292 (1969)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, State of Colorado, Sheridan School District No. 2, Arapahoe County, and Bob D. McAfee, Edna Jeanne McAfee, James E. Jackson, Denmer A. Wells, Jr., Dorothy M. Wells, Jack O. Banks, Dorothy Banks, John L. Dorlac, Jr., and Juanita J. Dorlac, Plaintiffs in Error, v. The CITY AND COUNTY OF DENVER, a Municipal Corporation; the City Council of the City and County of Denver; Robert B. Keating, John F. Kelly, Irving S. Hook, Paul A. Hentzell, Kenneth M. MacIntosh, Carl N. DeTemple, Edward F. Burke, Jr., Elvin R. Caldwell, and Ernest P. Marranzino, In Their Capacities as Being and Constituting the Members of the City Council of the City and County of Denver, et al.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 20, 1969.

Attorney(s) appearing for the Case

Ronald Loser, County Atty., Creamer & Creamer, George Creamer, Denver, for plaintiffs in error.

Max P. Zall, City Atty., Herman J. Atencio, Asst. City Atty., for defendants in error.

Kripke, Hoffman, Carrigan & Dufty, Daniel S. Hoffman, Denver, for individual defendants in error, Bauler, Tuck, McLaughlin, Caron, Macket, Adams, Olson and DeLio.

McWILLIAMS, Chief Justice.

This is an annexation case and concerns certain land which was the subject of a prior annexation proceeding. That particular annexation proceeding, however, upon judicial review was invalidated by us in Elkins v. Denver, 157 Colo. 252, 402 P.2d 617. In that case we voided the annexation on the ground that a holder of an option to purchase land not being the owner in fee was therefore not a landowner within...

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