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MASTER KRAFT BUILDERS CORP., v. CITY OF LAKEWOOD

No. 26193.

519 P.2d 1188 (1974)

MASTER KRAFT BUILDERS CORP., a Colorado corporation, Plaintiff-Appellant, v. CITY OF LAKEWOOD, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 4, 1974.

Attorney(s) appearing for the Case

Feder & Morris, P. C., Katherine Tamblyn, Denver, Simon, Eason, Hoyt & Malone, P. C., William K. Malone, Englewood, for plaintiff-appellant.

Raymond C. Johnson, City Atty., Lakewood, for defendant-appellee.

DAY, Justice.

Master Kraft filed a petition in district court for disconnection from the City of Lakewood pursuant to C.R.S.1963, 139-11-1. It was dismissed on motion of the City. We reverse and remand.

The petition for disconnection contained every statutory requisite as enumerated in section 139-11-2. The sole reason for dismissal announced by the district court was an erroneous interpretation that section 139-11-3—which disallows disconnection if...

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