CO Code § 31-12-117 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 12 - Annexation- Consolidation - Disconnection|Part 1 - Municipal Annexation Act of 1965|§ 31-12-117. Effect of Review and of Voiding of Annexation Ordinance by Court Order

  After the effective date of an annexation ordinance, the annexing municipality shall apply all pertinent ordinances to the annexed area, irrespective of any proceedings for judicial review.    In the event that the district court enters a final judgment, as defined in rule 54   , Colorado rules of civil procedure, declaring the annexation proceedings void, no acts taken in compliance with or pursuant to the charter, ordinances, or regulations of the annexing municipality shall be voided thereby, even though such acts are not in compliance with applicable county requirements or the requirements of other municipal or quasi-municipal corporations having jurisdiction over the area affected by such judicial proceedings. Such acts shall include, among others, subdivision platting and the construction and occupancy of improvements. A judicial declaration voiding an annexation shall not invalidate the levy and collection of any taxes, license fees, or charges collected or imposed by the annexing municipality prior to such final judgment.       The provisions of subsection (2) of this section shall apply with equal force and validity to judicial review of any annexation proceedings which have affected the boundaries of any county or city and county; except that, within ninety days after the effective date of such a final judgment, the county clerk and recorder of the county or city and county to which the area was attempted to be annexed shall transmit to the county clerk and recorder of the county to which the territory was returned as a result of the judicial determination of the invalidity of the annexation proceedings a copy of each approved subdivision plat, which copy shall then be recorded without charge in the records of the county to which the territory was so returned.    The execution of any final judgment by the district court in any judicial review of an annexation proceeding shall automatically be stayed upon the filing of the record on appeal as provided by law and the Colorado appellate rules, and no application for supersedeas shall be necessary. Such stay shall continue in full force and effect pending final disposition of the proceedings on appeal.     History. Source: L. 75: Entire title R&RE, p. 1090, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-8-117 as it existed prior to 1975.   ANNOTATION   Annotator's note. Since § 31-12-117 is similar to § 31-8-117 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing a prior provision have been included in the annotations to this section.   Section held constitutional. Cline v. City of Boulder, 168 Colo. 112 , 450 P.2d 335 (1969).   The general assembly was required to provide the specific guidelines that it did pending review proceedings, lest the disputed territory be left suspended in some no-man's land, with the citizenry of the territory left without clearly defined governmental services or obligations to any governmental entity. City of Westminster v. District Court, 167 Colo. 263 , 447 P.2d 537 (1968).   Subsection (1) is a proper exercise of legislative authority to establish status of disputed annexed territory pending judicial review. City Council v. Bd. of Dirs. of S. Sub. Metro. Recreation & Park Dist., 181 Colo. 334 , 509 P.2d 317 (1973).   And is mandatory. No discretion is afforded the annexing municipality, because subsection (1) of this section is mandatory and therefore, absent a finding of inapplicability or unconstitutionality, the district court lacked jurisdiction to order the city to disobey the clear mandate of the statute. City of Westminster v. District Court, 167 Colo. 263 , 447 P.2d 537 (1968).   Stay order unavailable. While the courts have power to issue stay orders in certiorari proceedings, statutes may modify or abrogate that power, and in the annexation statutes it is clear that the general assembly intended to preclude the issuance of a stay order pending appeal of the annexation proceedings. In this respect they were not legislating on procedure but declaring by substantive law a legal status. City of Westminster v. District Court, 167 Colo. 263 , 447 P.2d 537 (1968).   And while legality of annexation proceedings is being challenged in court, the disputed territory remains in the city subject to city taxes and assessments and is entitled to all city services. City Council v. Bd. of Dirs. of S. Sub. Metro. Recreation & Park Dist., 181 Colo. 334 , 509 P.2d 317 (1973).   Until an annexation is finally determined to be void, the disputed territory remains a part of the annexing municipality. City & County of Denver v. Bd. of Dirs., 38 Colo. App. 53, 554 P.2d 714 (1976).   Where the annexation is finally declared void, subsequent annexations which were passed immediately following the voided annexation and which were dependent upon the voided annexation for contiguity, are likewise void. The provisions of subsection (2) merely grant the annexing municipality governmental powers during the period of judicial review and if the annexation is finally declared void, the acts of the annexing municipality can have no further effect on the land in question. Bd. of County Comm'rs v. City of Lakewood, 813 P.2d 793 (Colo. App. 1991).   No recovery of taxes. Under the Colorado annexation act, even if the procedures are declared to be unconstitutional, taxes which have been levied cannot be recovered. Adams v. City of Colo. Springs, 308 F. Supp. 1397 (D. Colo.), aff'd mem., 399 U.S. 901, 90 S. Ct. 2197, 26 L. Ed. 2d 555 (1970).   For collection and distribution of property taxes in disputed area during year in which annexation voided, see City & County of Denver v. Bd. of County Comm'rs, 661 P.2d 1185 (Colo. App. 1982).   Applied in McKee v. City of Louisville, 200 Colo. 525 , 616 P.2d 969 (1980).