BOARD OF WELLINGTON v. BOARD OF FORT COLLINS

No. 08CA2458.

216 P.3d 611 (2009)

The BOARD OF TRUSTEES OF the TOWN OF WELLINGTON, Colorado, Plaintiff-Appellee, v. The BOARD OF TRUSTEES OF the FORT COLLINS REGIONAL LIBRARY DISTRICT and Steve Miller, as Larimer County Assessor, Defendants-Appellants.

Colorado Court of Appeals, Div. A.

Rehearing Denied August 6, 2009.


Attorney(s) appearing for the Case

March, Olive and Pharris, LLC, J. Brad March, Fort Collins, Colorado, for Plaintiff-Appellee.

Seter & Vander Wall, P.C., Kim J. Seter, Staci A. Usagani, Greenwood Village, Colorado, for Defendants-Appellants.


Opinion by Chief Judge DAVIDSON.

The issue presented in this declaratory judgment action is whether the trial court properly determined that land annexed by plaintiff, the Board of Trustees of the Town of Wellington, Colorado (Town), is automatically removed from the Fort Collins Regional Library District (District). We reverse and remand.

I. Statutory and Procedural Background

A. Formation of Library Districts

Under the Colorado Library...

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