BOARD OF COUNTY COM'RS v. City and County of Denver

Opinion by

Mr. Chief Justice McWilliams.

This is an annexation case and concerns certain land which was the subject of a prior annexation proceeding. That particular annexation proceeding, however; upon judicial review was invalidated by us in Elkins v. Denver, 157 Colo. 252, 402 P.2d 617. In that case we voided the annexation on the ground that a holder of an option to purchase land not being the owner in fee was therefore not a landowner within the meaning of C.R.S. 1963, 139-10-3.

Thereafter, those residing in the affected area determined to initiate new annexation proceedings. Accordingly,…