City of Aspen v. Howell

This is an action to review the validity of an annex ation conducted under the provisions of the Municipal Annexation Act of 1965, 1965 Perm. Supp., C.R.S. 1963, 139-21 [hereinafter cited as Annexation Act]. By a small majority, the voters in the territory to be annexed expressed their preference for annexation by the City of Aspen. On the petition of Samuel Howell, the defendant in error here, the district court ruled that the election was invalid. The City of Aspen contends here that the court erred in ruling (a) that certain errors of procedure were committed; and (b) that absentee ballots…