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VAL d'GORE, INC. v. TOWN COUNCIL OF TOWN OF VAIL

No. 27099.

566 P.2d 343 (1977)

VAL d'GORE, INC., a Colorado Corporation, and Pitkin Creek, Inc., a Colorado Corporation in behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. The TOWN COUNCIL OF the TOWN OF VAIL, and the Town of Vail, a Municipal Corporation, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 13, 1977.

Attorney(s) appearing for the Case

Stewart H. Brown, Vail, for plaintiffs-appellants.

Calkins, Kramer, Grimshaw & Harring, Richard L. Harring, Denver, for defendants-appellees.

CARRIGAN, Justice.

This case involves a C.R.C.P. 106 challenge to the validity of an ordinance annexing territory to the Town of Vail. On two grounds, the court below granted Vail's motion to dismiss the plaintiff's complaint. First, the trial court held that the complaint had not been filed within forty-five days after the ordinance's effective date as required by section 31-8-116(2), C.R.S.1973.1

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