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McKEE v. CITY OF LOUISVILLE

No. 79SA435.

616 P.2d 969 (1980)

Don McKEE, Sally Collins, John Leary, Jeannine Malmsbury and James A. Cederberg, individually and as the representatives of Qualified Electors of the City of Louisville, Colorado, Plaintiffs-Appellants, v. The CITY OF LOUISVILLE, a Colorado Municipal Corporation, Howard Berry, Lawrence Caranci, Anthony Del Pizzo, Eugene Di Carlo, Robert Kelker and Norbert Meier, as Members of the City Council of the City of Louisville, Colorado, and John Waschak, as Mayor, Defendants-Appellees, and Hanover Development Company, Zenith Builders, Inc., a Colorado Corporation, WJS Corporation, a Colorado Corporation, and William & Associates, a Colorado Corporation, Intervenors-Appellees.

Supreme Court of Colorado, En Banc.

September 8, 1980.

Attorney(s) appearing for the Case

Caplan & Earnest, Gerald A. Caplan, Richard E. Bump, Boulder, attorneys for plaintiffs-appellants.

Rautenstraus & Joss, Curt D. Rautenstraus, W. Bruce Joss, Louisville, Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., Stephen T. Williamson, Boulder, attorneys for defendants-appellees, and Special Counsel to the City of Louisville.

French & Stone, Joseph C. French, Robert W. Stone, Boulder, attorneys for intervenor-appellee, Hanover Development Co.

QUINN, Justice.

This appeal questions the extent to which the legislative body of a municipality, by adopting an annexation ordinance as an emergency measure, can thereby curtail the initiative and referendum powers reserved to the people by Article V, Section 1, of the Colorado Constitution.

The plaintiffs-appellants, Don McKee and four other qualified electors (electors), commenced this action individually and as representatives of all qualified electors...

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