Val D'Gore, Inc. v. Town Council of Town of Vail

This case involves a C.R.C.P. 106 challenge to the validity of an ordinance annexing territory to the Town of Vail. On two grounds, the court below granted Vail’s motion to dismiss the plaintiffs complaint. First, the trial court held that the complaint had not been filed within forty-five days after the ordinance’s effective date as required by section 31-8-116(2), C.R.S. 1973. Second, it held that the plaintiffs had failed to join indispensable parties because they failed to join all others who owned land within the territory proposed to be annexed. We reverse and remand.

These annexation…