Master Kraft Builders Corp. v. City of Lakewood

Master Kraft filed a petition in district court for disconnection, from the City of Lakewood pursuant to C.R.S. 1963, 139-11-1. It was dismissed on motion of the City. We reverse and remand.

The petition for disconnection contained every statutory requisite as enumerated in section 139-11-2. The sole reason for dismissal announced by the district court was an erroneous interpretation that section 139-11-3 — which disallows disconnection if the city has provided services for three years — means by implication that a petition for disconnection cannot be brought before a city has been…