Greensway Development Co. v. Academy Park Ltd.

COYTE, Judge.

Plaintiffs appeal the dismissal with prejudice of their complaint for failure to join an indispensable party. We reverse.

In December of 1978, the Lakewood City Council adopted an ordinance which rezoned certain land from a variety of previously zoned categories to a Planned Development District. Plaintiffs timely filed their complaint under C.R.C.P. 106(a)(4). The caption of the complaint named as defendants numerous individual and corporate parties, and concluded by naming, “THE CITY OF LAKEWOOD, acting by and through its City Council.”

The trial court issued a citation and order…