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IN RE INCORPORATION OF NORTH BOULDER

No. 22365.

448 P.2d 308 (1969)

In the Matter of the INCORPORATION OF NORTH BOULDER, a heretofore unincorporated part of the County of Boulder, State of Colorado. George W. POOR, Martha J. Poor, W. W. Degge, and others similarly situated, Plaintiffs in Error, v. Melvin L. SISSON, C. Richard Johnson, William D. Nells, Lauretta P. Hlatt, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 3, 1969.

Attorney(s) appearing for the Case

Paul A. Morris, Larry W. Moran, Boulder, for plaintiffs in error.

Peter C. Dietze, Walter L. Wagenhals, Boulder, for amicus curiae, City of Boulder.

GROVES, Justice.

The plaintiffs in error, referred to as the petitioners, sought the incorporation of a town to be called North Boulder. On February 23, 1966, they filed their petition for incorporation with the district court of Boulder County under 1967 Perm.Supp., C.R.S.1963, 139-1-2 et seq. The defendants in error filed objections thereto. The court dismissed the petition for the reason that the petition did not set forth that the signers thereof were residents...

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