Breternitz v. City of Arvada

I respectfully dissent from the portion of the majority opinion contained in Article II thereof.

As stated in the majority opinion, 1965 Perm. Supp., C.R.S. 1963, 139-21-6(1) (d) (iv) provides among other things that the petition shall contain “ [a] n allegation that the signers of the petition comprise the landowners of more than fifty percent of the territory included in the area proposed to be annexed, exclusive of streets and *69alleys.” Section 6(2), providing for an annexation election provides as follows:

“ (d) (i) The petition for annexation election shall comply with the provisions of…