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BERRY PROPERTIES v. CITY OF COMMERCE CITY

Nos. 81CA0465, 81CA0521.

667 P.2d 247 (1983)

BERRY PROPERTIES, d/b/a Empire Cranes, Inc., a real estate partnership, et al., Plaintiffs-Appellants, v. The CITY OF COMMERCE CITY, COUNTY OF ADAMS, State of Colorado, a municipal corporation, et al., Defendants-Appellees.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing June 2, 1983.

Attorney(s) appearing for the Case

Shoemaker, Wham, Krisor & Bendelow, Robert S. Wham, Susan E. Burch, Denver, for plaintiffs-appellants.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Corliss Thalley, Asst. Atty. Gen., Denver, for defendant-appellee Colorado Wildlife Com'n.

Gehler & Cohen, Ronald J. Cohen, Commerce City, for all other defendants-appellees.

STERNBERG, Judge.

The sole issue in this appeal is whether there is a right of review for parties who do not fall within the statutory provision for review of annexation actions. We affirm the trial court judgment holding that no such right of review exists.

Four separate actions were consolidated, each of which challenged the legality of certain annexations to the defendant City of Commerce City. Although the plaintiffs were property owners and taxpayers...

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