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MIDCITIES CO. v. TOWN OF SUPERIOR

No. 94CA2023.

916 P.2d 595 (1995)

The MIDCITIES COMPANY, a Colorado general partnership, Plaintiff-Appellee, v. The TOWN OF SUPERIOR, Colorado; the Board of Trustees of the Town of Superior, Colorado; Ted T. Asti, in his official capacity as Mayor, and Della Gibson, Don Hooper, Rick Kupfner, Jerry McElroy, Lidia Holl, and Karen Klassen, all in their official capacity as members of the Board of Trustees, Defendants-Appellants.

Colorado Court of Appeals, Div. IV.

Rehearing Denied October 12, 1995.

Certiorari Granted May 20, 1996.

Attorney(s) appearing for the Case

Karsh & Fulton, P.C., Seymour Joseph, Denver, for plaintiff-appellee.

Hayes, Phillips, Maloney & Haddock, P.C., Herbert C. Phillips, Kathleen E. Haddock, Denver, for defendants-appellants.

Opinion by Judge MARQUEZ.

Defendants, the Town of Superior (Superior), its Board of Trustees (Board), its mayor, and the Trustees in their official capacities as members of the Board, appeal from a district court judgment ruling that their annexation of the property of plaintiff, the MidCities Company, was void. We affirm.

Plaintiff owns approximately 120 acres of undeveloped land bounded on the west by Superior and on the north, south, and east by the City...

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