TOWN OF MINTURN v. SENSIBLE HOUSING CO.

No. 10SC670.

273 P.3d 1154 (2012)

2012 CO 23

TOWN OF MINTURN, Colorado; Ginn Battle North, LLC; Ginn Battle South, LLC; and Ginn-LA Battle One Ltd., LLLP, Petitioners v. SENSIBLE HOUSING CO., INC., Respondent.

Supreme Court of Colorado, En Banc.

April 9, 2012.


Attorney(s) appearing for the Case

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

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

Appel & Lucas, P.C., Garry R. Appel , James P. Eckels , Denver, Colorado, Attorneys for Respondent.

Rachel L. Allen , Denver, Colorado, Attorney for Amicus Curiae Colorado Municipal League.


Justice HOBBS delivered the Opinion of the Court.

¶ 1 We granted certiorari in this case to review the court of appeals' decision in Sensible Housing Co., Inc. v. Town of Minturn, No. 09CA1824, 2010 WL 3259829 (Colo.App. Aug. 19, 2010).1 The court of appeals voided nine annexation ordinances adopted by the Town of Minturn, ruling that, under priority of jurisdiction, Minturn should...

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