No. 95SC687.

933 P.2d 596 (1997)

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, Petitioners, v. The MIDCITIES COMPANY, a Colorado general partnership, Respondent.

Supreme Court of Colorado, En Banc.

March 17, 1997.

Attorney(s) appearing for the Case

Dietze and Davis, P.C., Kathleen E. Haddock, Boulder, for Petitioners.

Karsh & Fulton, Professional Corporation, Seymour Joseph, Denver, for Respondent.

David W. Broadwell, Denver, for Amicus Curiae Colorado Municipal League.

Justice SCOTT delivered the Opinion of the Court.

Section 112 of the Municipal Annexation Act of 1965 (Annexation Act) makes it unlawful for a municipality to impose "additional terms and conditions" upon the annexation of a landowner's property, unless it obtains the landowner's approval. § 31-12-112(1), 12B C.R.S. (1986). We must decide in this case whether the Town of Superior (Superior) acted in excess of its authority or abused its discretion when it acted...

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