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CITY OF FORT COLLINS v. DOONEY

No. 24247.

496 P.2d 316 (1972)

The CITY OF FORT COLLINS, Colorado, a municipal corporation, and Joe J. Straughn, Plaintiffs in Error, v. James T. DOONEY et al., Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied May 8, 1972.

Attorney(s) appearing for the Case

March, March & Sullivan, Arthur P. Roy, Fort Collins, for plaintiff in error, City of Fort Collins.

Harden, Olson & Napheys, B. F. Napheys, III, Fort Collins, for plaintiff in error Joe J. Straughn.

John E. Kochenburger, Fort Collins, for defendants in error.

KELLEY, Justice.

On May 23, 1968, the City of Fort Collins, following prescribed procedures, enacted Ordinance No. 19, rezoning certain property owned by Straughn over the protest of area residents, including the defendants in error, Dooney, Duncan and Kotich. On June 13, 1968, the defendants in error, and others presented to the City Council a referendum petition protesting Ordinance No. 19. The Board of Elections of the City certified to the City Council that the...

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