Sinclair Marketing Inc. v. City of Commerce City

Opinion by

Judge WEBB.

This unilateral land annexation case primarily presents the question whether a statutory exception to municipal annexation power concerning "public rights-of-way" includes railroad rights-of way. The Burch plaintiffs and the Sinclair plaintiffs appeal the trial court's judgment in favor of defendants, the City of Commerce City and the City Council (collectively the City), upholding two annexations of plaintiffs' property. The City cross-appeals the court's refusal to award attorney fees. We conclude that railroad rights-of-way are not public rights-of-way, affirm the…