Town of Superior v. Midcities Co.

933 P.2d 596, 1997 Colo. LEXIS 188, 1997 WL 115842
CourtSupreme Court of Colorado
DecidedMarch 17, 1997
Docket95SC687
StatusPublished
Cited by15 cases

This text of 933 P.2d 596 (Town of Superior v. Midcities Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Superior v. Midcities Co., 933 P.2d 596, 1997 Colo. LEXIS 188, 1997 WL 115842 (Colo. 1997).

Opinion

Justice SCOTT

delivered the Opinion of the Court.

Section 112 of the Municipal Annexation Act of 1965 (Annexation Act) makes it unlawful for a municipality to impose “additional terms and conditions” upon the annexation of a landowner’s property, unless it obtains the landowner’s approval. § 31-12-112(1), 12B C.R.S. (1986). We must decide in this case whether the Town of Superior (Superior) acted in excess of its authority or abused its discretion when it acted to annex a landowner’s property contrary to a preanne-xation agreement in a particular consensual annexation. 1 The Boulder County District Court found there was an agreement between the landowner and Superior that an annexation agreement regarding land use and development was to be in place prior to the annexation of the undeveloped property. The court ruled that by acting to annex the property without the annexation agreement, Superior’s annexation of the property was void. On appeal, the court of appeals held that Superior abused its discretion by annexing the landowner’s property “without the annexation agreement that had been contemplated by the parties throughout the process.” Mid cities Co. v. Town of Superior, 916 P.2d 595, 597 (Colo.App.1995). Because annexation was conditioned by both parties on the completion of an annexation agreement, Superior’s annexation of the property without such an agreement or without first obtaining the landowner’s approval of the annexation violated section 31-12-112 of the Annexation Act. We therefore affirm the judgment of the court of appeals.

I.

Petitioner, the Town of Superior, is a municipality located within Boulder County and north of Denver. Superior is governed by a Board of Trustees (Board). Respondent, Midcities Company, a Colorado general partnership, owns approximately 120 acres of undeveloped real property (Mideities Property) on the eastern border of Superior.

A.

During the spring of 1993, Superior and Midcities Company entered into discussions and subsequently agreed that Superior would annex the Midcities Property. To aid the anticipated residential and commercial land development, Superior agreed that the annexation would be conditioned upon Superior and Midcities Company entering into an agreement regarding land development on the Midcities Property (the Annexation Agreement). 2 On June 1, 1993, Superior’s attorney sent Mideities Company a letter and enclosed a copy of the annexation petition form “we use in Superior.” The letter referred to the Annexation Agreement, stating it was “not required until the final annexation hearing.”

*599 Two days later, on June 3, 1993, Mideities Company petitioned Superior to annex the Midcities Property. 3 At its June 14 meeting, the Board found the petition to be in substantial compliance with the requirements of the Annexation Act and scheduled a public hearing for July 26 to address the Mideities Company petition.

In anticipation of its annexation of the Midcities Property, Superior prepared an annexation impact report. Part II of the report states that the “Annexation Agreement will accompany the final petition hearing before the Town Board.” On June 30, the town clerk filed the impact report with the clerk of the Boulder County Commissioners. The same day, in a letter addressed to the Superior town planner, the town attorney stated, “I hope to have a draft Annexation Agreement for consideration ... this week.”

The draft Annexation Agreement, prepared by the Superior town attorney, included provisions to “control the future development and use” of the Midcities Property. The Annexation Agreement addressed water, sanitary sewer and storm drainage, land dedications and donations, as well as existing uses. 4 In addition, the Annexation Agreement provided additional access to the Midcities Property through new and existing roads. On July 22, the Superior town staff prepared a memo for the Board in which the staff concluded that “[u]ntil the Annexation Agreement is finalized, staff recommends the Board of Trustees continue the public hearing” regarding the annexation of the Mideities Property.

The July 26, 1993, public hearing was held as scheduled. At the hearing, the Board was informed that upon annexation, the Midcities Property would be developed for single-family residential, multi-family residential, and commercial uses, and that the “Annexation Agreement ... must be in place prior to the approval of any annexation ordinance.” During the meeting, the town planner advised the Board that “[discussions with [Midcities Company] are continuing ... and [that] until the Annexation Agreement is finalized, [the town] staff recommends the Board ... continue the public hearing.” Because the Annexation Agreement was not yet finalized, Midcities Company asked that the matter be tabled until a later date. The Board agreed and continued the hearing until August 23.

Further negotiations between Superior and Midcities Company, however, did not result in the execution of the Annexation Agreement. After further delays, on August 12, Midcities Company attempted to terminate the annexation proceedings and advised Superior that it was withdrawing its petition for annexation and that it planned to petition the City of Broomfield to annex the Midcities Property. In a letter response dated August 16, the town attorney advised Midcities Company that “[t]he law did not allow [Mideities Company] to withdraw [its] petition” without the Board’s approval and that the Board would consider the withdrawal of Midcities Company’s petition at its August 23 meeting.

At the August 23 meeting, the town attorney confirmed that Midcities Company asked to withdraw its petition and that, on August 17, Broomfield had accepted a petition to annex the Midcities Property. At that time, the Board went into executive session “to [obtain] legal advice” regarding Superior’s annexation of the Mideities Property. After conferring with the town attorney, the Board, in effect, denied Mideities Company’s request to withdraw its petition. The Board passed Resolution No. 93-R-21, adopting findings and conclusions based upon the July 26 hearing, and enacted Ordinance No. 93-0-11 to annex the Midcities Property. Through the ordinance, the Board directed the town clerk to “[f]ile one original of the Annexation Agreement.” The Board’s resolution, however, directed the clerk to delay *600 filing the necessary documents for annexation to delay the effective date of its actions.

On August 31, Midcities Company asked the Board to reconsider its actions and to vacate its ordinance annexing the Midcities Property. On September 1, Broomfield filed a similar motion seeking Superior’s reconsideration. On September 13, the Board adopted a new resolution and ordinance, finding that no annexation agreement was required and therefore no such document needed to be filed by the town clerk. On September 23, Midcities Company filed a second motion to reconsider. By letter dated October 8, Superior denied the motions of Midcities Company and Broomfield.

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Cite This Page — Counsel Stack

Bluebook (online)
933 P.2d 596, 1997 Colo. LEXIS 188, 1997 WL 115842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-superior-v-midcities-co-colo-1997.