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FORT COLLINS-LOVELAND W. DIST. v. CITY OF FT. COLLINS

No. 23833.

482 P.2d 986 (1971)

FORT COLLINS-LOVELAND WATER DISTRICT, East Larimer County Water District, Berry N. Duff, and John E. Weitzel, Plaintiffs in Error, v. CITY OF FORT COLLINS, Poudre School District No. R-l, In the County of Larimer and State of Colorado, and the Board of County Commissioners of the County of Larimer, Defendants in Error.

Supreme Court of Colorado, En Banc.

March 15, 1971.

Attorney(s) appearing for the Case

Hill & Hill, Alden T. Hill, Fort Collins, for plaintiffs in error.

March, March & Sullivan, Arthur E. March, Jr., Fort Collins, for defendants in error.

Kenneth G. Bueche, Boulder, amicus curiae on behalf of the Colorado Municipal League.

KELLEY, Justice.

This lawsuit arose out of an annexation of territory by the City of Fort Collins, pursuant to the Municipal Annexation Act of 1965. 1965 Perm.Supp., C.R.S.1963, 139-21-1 et seq.

The challenged annexation ordinance was passed on final reading on May 18, 1967. The plaintiffs in error (and the plaintiffs below) were two statutory water districts, one of which included within its boundaries the annexed property; Berry N. Duff, a resident and citizen...

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