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HARMELINK v. CITY OF ARVADA

No. 77-641.

580 P.2d 841 (1978)

Donald E. HARMELINK, Emmett J. McKibbin, Claude A. Stanton, Jr., and Eileen M. Stanton and Agneta McKibbin, Plaintiffs-Appellants, v. CITY OF ARVADA, a Municipal Corporation of the State of Colorado, and the City Council of the City of Arvada, Defendants-Appellees, and James N. Jones, Patricia Jones, Lincoln B. Schafer, Virginia Schafer, Albert A. Pieropan, Patricia Pieropan, David S. Busack, Phyllis Busack, and Earl H. Pettet, Intervenors-Appellees.

Colorado Court of Appeals, Div. 3.

June 1, 1978.

Attorney(s) appearing for the Case

George Alan Holley & Associates, Scott D. Albertson, Golden, for plaintiffs-appellants.

Timothy L. Fasing, Deputy City Atty., Arvada, for defendants-appellees.

H. Earl Moyer, Pamela J. Shamburg, Denver, for intervenors-appellees.

SILVERSTEIN, Chief Judge.

Plaintiffs' C.R.C.P. 106 action was dismissed for failure to join an indispensable party. On appeal by plaintiffs, we reverse.

The City of Arvada initiated an ordinance for the rezoning of approximately nine acres of land in the City, and following a public hearing, the City Council passed the ordinance rezoning the area from RM (24 units per acre) to RMD (12 units per acre). The ordinance was adopted on December 20, 1976, and on...

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