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JOHNSTON v. CITY COUNCIL OF CITY OF GREENWOOD VILLAGE

No. 26602.

540 P.2d 1081 (1975)

Richard S. JOHNSTON, Plaintiff-Appellant, v. CITY COUNCIL OF the CITY OF GREENWOOD VILLAGE, the Individual members thereof, et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

September 22, 1975.

Attorney(s) appearing for the Case

Robert Lee Kessler, Denver, for plaintiff-appellant.

Simon, Eason, Hoyt & Malone, P.C., R. Val Hoyt, Stephen G. Everall, Englewood, for defendants-appellees.

DAY, Justice.

In 1967 the city council of Greenwood Village (the council) passed an annexation resolution, which was later approved by an election. Thereafter the council passed an annexing ordinance. The whole procedure was upheld by the Arapahoe County district court.

On appeal we found that the council had passed the originating resolution without indicating its basis for finding that a certain tract of land—the Perry property—was a part of...

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