McArthur v. Zabka

The plaintiffs are the owners of a certain irregular tract containing 18.6 acres which was the subject of rezoning by the City Council of the City of Greeley. The plaintiffs will be referred to as “owners.” The defendants are the Mayor and members of the City Council of Greeley and the City itself.

On April 5, 1967, the subject property was unilaterally annexed by the City of Greeley pursuant to the Municipal Annexation Act of 1965, 1965 Perm. Supp., C.R.S. 1963, 139-21-5(1), as an unincorporated area entirely contained within its boundaries. Thereafter, the City initiated procedures to bring…