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BRETERNITZ v. CITY OF ARVADA

No. 24977.

482 P.2d 955 (1971)

Connie and Bill BRETERNITZ and Joyce and Ron Todd, Plaintiffs-Appellees, v. The CITY OF ARVADA, a municipal corporation, Defendant-Appellant, City of Westminster, a municipal corporation, Intervenor-Appellee.

Supreme Court of Colorado, En Banc.

Rehearings Denied April 12, 1971.

Attorney(s) appearing for the Case

David J. Hahn, Denver, for plaintiffs-appellees Breternitz and Todd.

Sonheim, Whitworth & Helm, Richard L. Whitworth, Arvada, for defendant-appellant City of Arvada.

Holland & Hart, Warren L. Tomlinson. Edwin S. Kahn, Stitt, Wittenbrink & Roan, James R. Stitt, Denver, for intervenor-appellee, City of Westminster.

DAY, Justice.

This is an appeal from an order of the district court adjudging an attempted annexation of territory to the City of Arvada to be void. We reverse and hold the annexation to be valid.

The tract proposed to be annexed consisted of about 1,000 acres. A portion of this consists of developed Far Horizons Subdivision, which from its relative size on maps, comprises about 150 to 200 acres. Another portion consists of a 720-acre undeveloped tract owned...

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