November 11, 2008
BHGR Wins Two Commerce City Municipal Annexation Lawsuits
BHGR served as lead counsel representing the City of Commerce City in two Adams County District Court lawsuits challenging the annexation of a large number of properties into the City of Commerce City. On November 11, 2008, the District Court ruled in Burch Family Partnership, LLP et al. vs. The City of Commerce City, Colorado et al. and Sinclair Marketing, Inc., Sinclair Oil Corporation, and Sinclair Transportation Company, vs. the City of Commerce City, Colorado et al., that the City acted properly when it annexed two separate “enclaves,” comprised of numerous properties and businesses, into the City.
An enclave, for purposes of the Municipal Annexation Act, is an area that is completely surrounded by a municipality. In these cases, the Plaintiffs argued, among other things, that the enclave was not properly created because a large portion of the east and west boundaries of the enclave consisted of a railroad. Under the Municipal Annexation Act, the enclave cannot be created through the use of “public rights of way, including streets and alleys.” The Adams County District Court, Judge Crabtree, rejected the Plaintiff’s argument that a railroad was a “public right of way” for purposes of the annexation statute. The Court rejected other arguments made by the Plaintiffs as well.
BHGR served as lead counsel for the City of Commerce City in these cases. Thomas E. Merrigan, partner, worked with associate Melanie Lewis to present the winning arguments to the Court. To see the decision from the Adams County District Court click here.