(1) 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.
(2) In the event that the district court enters a final judgment, as defined in rule 54 (a), 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.
(3) 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.
(4) 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.
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.
Notes of Decisions
McKee v. City of Louisville, 616 P.2d 969 (Colo. 1980).
· cites it 10× “1973, provides for the submission by qualified voters to the legislative body of a municipality any proposed ordinance, charter, or charter amendment, and also contains procedures for an election on the proposed measure. Louisville Municipal Code, § 1.”
Schulz v. Laszlo & Assocs., LLC, 2025 COA 24 (Colo. Ct. App. 2025).
· cites it 2× “2024 (offer of settlement); § 31-12-117, C.R.S. 2024 (voiding annexation).”
City & Cnty. of Denver v. Bd. of Cnty. Commissioners, 661 P.2d 1185 (Colo. Ct. App. 1982).
· cites it 4× “Note that this ruling has no effect on the property taxes levied and collected for the tax years 1974 through 1979 because of § 31-12-117(2), C.R.S.1973, which provides in pertinent part: “A judicial declaration voiding an annexation shall not invalidate the levy and collection…”
Bd. of Cnty. Commissioners v. City of Lakewood, 813 P.2d 793 (Colo. Ct. App. 1991).
· cites it 5× “That the ordinances affecting the annexed property would no longer be operative once the annexation was declared void is implicit in § 31-12-117. It would not be necessary to protect acts done in reliance upon city ordinances if those ordinances did not become void as well.”
Colo. Rev. Stat. § 31-12-117(2): 2 cases
City & Cnty. of Denver v. Bd. of Cnty. Commissioners, 661 P.2d 1185 (Colo. Ct. App. 1982).
“Note that this ruling has no effect on the property taxes levied and collected for the tax years 1974 through 1979 because of § 31-12-117(2), C.R.S.1973, which provides in pertinent part: “A judicial declaration voiding an annexation shall not invalidate the levy and collection…”
Bd. of Cnty. Commissioners v. City of Lakewood, 813 P.2d 793 (Colo. Ct. App. 1991).
“That the ordinances affecting the annexed property would no longer be operative once the annexation was declared void is implicit in § 31-12-117. It would not be necessary to protect acts done in reliance upon city ordinances if those ordinances did not become void as well.”
Colo. Rev. Stat. § 31-12-117(4): 1 case
City & Cnty. of Denver v. Bd. of Cnty. Commissioners, 661 P.2d 1185 (Colo. Ct. App. 1982).
“Note that this ruling has no effect on the property taxes levied and collected for the tax years 1974 through 1979 because of § 31-12-117(2), C.R.S.1973, which provides in pertinent part: “A judicial declaration voiding an annexation shall not invalidate the levy and collection…”
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