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CITY & COUNTY OF DENVER v. BD. OF CTY. COM'RS

No. 81CA1031.

661 P.2d 1185 (1982)

CITY AND COUNTY OF DENVER, a municipal corporation; Jerry C. Kempf, Manager of Revenue of the City and County of Denver; and William H. McNichols, Jr., an individual and resident taxpayer of the City and County of Denver, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF JEFFERSON, State of Colorado; Don Couch, Treasurer of the County of Jefferson; Mike Sobieski, Assessor for the County of Jefferson, Defendants-Appellees, Jefferson County School District No. 1, a quasi-municipal corporation; and School District No. 1, City and County of Denver, Colorado, Defendants, and Bancroft Fire Protection District, Intervenor.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 2, 1982.

Certiorari Denied April 18, 1983.

Attorney(s) appearing for the Case

Max P. Zall, City Atty., Robert F. Strenski, Asst. City Atty., Denver, for plaintiffs-appellants.

Patrick R. Mahan, County Atty., Cile Pace, Asst. County Atty., Golden, for defendants-appellees.

Calkins, Kramer, Grimshaw & Harring, Richard L. Harring, Denver, for intervenor.

VAN CISE, Judge.

In December 1973, Denver attempted to annex a parcel of unincorporated land (the Grant-Witkin parcel) lying in Jefferson County. On November 27, 1978, in an action originally filed in January 1974 challenging the annexation, the district court decreed that the annexation proceedings and the annexing ordinance were void and declared that the parcel was a part of Jefferson County. Execution on this judgment was stayed pending appeal. This court affirmed...

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