Smith v. City of Arvada

Opinion by

Mr. Justice Sutton.

Plaintiffs in error, consisting of Howard D. Smith and fifty-seven other home owners as plaintiffs in the trial court, claiming that certain streets should be blacktopped, sued the City of Arvada, a municipal corporation, its mayor, city council and certain other city officials as well as three house building corporations and a named realtor. The complaint contained two claims.

A motion to dismiss was filed by the City and the various defendant City officials who asserted that the complaint failed to state a claim for relief against the City or any official in any…