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RES. AND REG. ELEC. v. BD. OF COUNTY COM'RS

No. 07CA1569.

214 P.3d 485 (2008)

RESIDENTS AND REGISTERED ELECTORS OF the TOWN OF FRANKSTOWN, Colorado; Ardell Arfsten; Pat Arfsten; David Ayers; Elizabeth Ayers; Victoria Ayers; Sheila Galloway; Jamieson Saraduke; John Braly; Deborah Braly; Randal Manning; and Rachel Wetherly, Petitioners-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, Colorado, Intervenor-Appellee.

Colorado Court of Appeals, Div. VII.

Certiorari Denied August 3, 2009.

Attorney(s) appearing for the Case

Law Firm of John Evans, L.L.C., John M. Evans, Matthew R. Stalhut, Parker, Colorado; Wheeler Trigg Kennedy, LLP, Marsha M. Piccone, Denver, Colorado, for Petitioners-Appellants.

Lance J. Ingalls, County Attorney, Myron A. Clark, Assistant County Attorney, Castle Rock, Colorado, for Intervenor-Appellee.

Opinion by Judge TERRY.

In this appeal, petitioners, who call themselves the residents and registered electors of the "town of Frankstown," Colorado, contend that the town was incorporated before Colorado became a state. They appeal the trial court's judgment declining to issue an order compelling a non-existent Board of Trustees of the town to hold a reorganization election under section 31-2-301, C.R.S.2008. Because we conclude that Frankstown was not incorporated...

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