CESARIO v. CITY OF COLORADO SPRINGS

No. 79 SA 517.

616 P.2d 113 (1980)

Betty L. CESARIO, Earnest E. Clemons, Donald H. Goede, Alden L. Marvel, A. W. Mullan, Jr., and Lawrence Strom, Jr., Plaintiffs-Appellees and Cross-Appellants, v. The CITY OF COLORADO SPRINGS, a Municipal Corporation, the City Council of the City of Colorado Springs, and as members of the City Council of Colorado Springs, Robert Isaac, Thomas I. Anderson, Michael C. Bird, Leon Young, Peter M. Susemihl, Katherine N. Loo, George James, Margaret Vasquez and Mary Kyer, Defendants-Appellants and Cross-Appellees, and State of Colorado, Intervenor.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 24, 1980.


Attorney(s) appearing for the Case

Cleveland, Wengler & Robbins, P. C., Edward D. Cleveland, Frank E. Robbins, Colorado Springs, for plaintiffs-appellees and cross-appellants.

Gordon D. Hinds, City Atty., M. Allen Ziegler, Jr., Deputy City Atty., Colorado Springs, for defendants-appellants and cross-appellees.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., William Morris, Asst. Atty. Gen., Litigation Section, Denver, for intervenor.

Blake T. Jordan, Staff Atty., Wheat Ridge, for Colorado Municipal League, amicus curiae.


ERICKSON, Justice.

This is an appeal to review a proceeding to unilaterally annex property by the City of Colorado Springs. Plaintiffs, Betty Cesario, et al., filed suit in the district court seeking a determination that defendant, City of Colorado Springs (City), exceeded its jurisdiction and abused its discretion in annexing an area southwest of the City. The district court held that the annexation was null and void, and...

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