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SENSIBLE HOUSING CO. v. TOWN OF MINTURN

No. 09CA1824.

280 P.3d 36 (2010)

SENSIBLE HOUSING CO., INC., Plaintiff-Appellant, v. TOWN OF MINTURN, Colorado; Ginn Battle North, LLC; Ginn Battle South, LLC; and Ginn-LA Battle One, Ltd., LLLP, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

August 19, 2010.

Attorney(s) appearing for the Case

Appel & Lucas, P.C., Garry R. Appel , Denver, Colorado, for Plaintiff-Appellant.

Holland & Hart, LLP, Arthur B. Ferguson, Jr. , Aspen, Colorado; Allen C. Christensen , Attorney at Law, P.C., Allen C. Christensen , Edwards, Colorado, for Defendant-Appellee Town of Minturn, Colorado.

Berg Hill Greenleaf & Ruscitti, LLP, Josh A. Marks , Michel C. Walter , Boulder, Colorado; Sarah J. Baker, P.C., Sarah J. Baker , Edwards, Colorado, for Defendants-Appellees Ginn Battle North, LLC; Ginn Battle South, LLC; and Ginn-LA Battle One, Ltd., LLLP.

Opinion by Judge DAILEY.

In this C.R.C.P. 106 action, plaintiff, Sensible Housing Company, Inc. (Sensible), appeals the district court's order dismissing on jurisdictional grounds its complaint against defendant Town of Minturn for approving the annexation of nine parcels of land allegedly owned by defendants Ginn Battle North, LLC, Ginn Battle South, LLC, and Ginn-LA Battle One, Ltd., LLLP (collectively, Ginn Battle). We reverse and remand with directions.

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