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

No. 84CA1278.

714 P.2d 1352 (1986)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF JEFFERSON, State of Colorado, Plaintiff-Appellee, v. CITY AND COUNTY OF DENVER, State of Colorado, a municipal corporation; Federico Pena, in his official capacity as Mayor of the City and County of Denver; The City Council of the City and County of Denver, State of Colorado; and The Board of County Commissioners of the City and County of Denver, State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

January 30, 1986.

Attorney(s) appearing for the Case

Cile Pace, Chief Deputy Co. Atty., Golden, for plaintiff-appellee.

Robert L. Kessler, Englewood, Susan E. Burch, Stephen H. Kaplan, City Atty., Daniel B. Slattery, Asst. City Atty., Denver, for defendants-appellants.

TURSI, Judge.

In this action concerning a proposed annexation, the trial court entered a declaratory judgment holding that the City and County of Denver cannot annex territory in adjoining counties pursuant to the Municipal Annexation Act and in permanently enjoining Denver from taking land situated in Jefferson County pursuant to that Act. Denver appeals and we affirm.

On June 24, 1981, a petition signed by approximately 1,130 persons was filed with the Denver...

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