CITY OF WESTMINSTER v. DISTRICT COURT

No. 23640.

447 P.2d 537 (1968)

The CITY OF WESTMINSTER, a municipal corporation existing in the County of Adams and State of Colorado, under and by virtue of the laws of the State of Colorado; the City Council of the City of Westminster; and Marshall E. Dodson, Vi June, Gilbert Bean, Harvey England, Harold Peterson, Donald Koch, and Harold F. Harris, individually and as members of and being and constituting the said the City Council of the City of Westminster, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF ADAMS, State of Colorado, Clifford J. Gobble, as the Chief Judge thereof, and F. Leonard Pomponio, Rose Marie Pomponio, Yolanda Pomponio, Northgate Shopping Center, Inc., and F. Leonard Pomponio, Rose Marie Pomponio, and Yolanda Pomponio, as Co-Executors of the Estate of Felix Pomponio, Deceased, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 9, 1968.


Attorney(s) appearing for the Case

Holland & Hart, Warren L. Tomlinson, James R. Stitt, Denver, for petitioners.

Morris Rutland, Creamer & Creamer, Denver, for respondents.

Charles B. Howe, Boulder, amicus curiae.


Original Proceedings

DAY, Justice.

The City of Westminster has petitioned this court to decree that the Adams County district court is acting in excess of its jurisdiction in an annexation contest. We issued a show cause order to the court and other respondents, and they have answered. The matter is now at issue before the court without oral argument.

Westminster has alleged that it has complied with all the requirements of 1965 Perm.Supp., C.R.S...

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