Town of Minturn, Colorado; Ginn Battle North, LLC; Ginn Battle South, LLC; and Ginn-La Battle One Ltd., Lllp…

Summary

The court held that the priority-of-jurisdiction rule applies only between competing judicial proceedings and does not prevent a municipality from completing a legislative annexation while related quiet-title litigation is pending. Minturn therefore acted within its authority in adopting the annexation ordinances, and later judicial review provided an adequate remedy if the title dispute ultimately showed that an election was required. The court reversed the court of appeals and directed a stay of the annexation judicial-review proceeding until final judgment in the quiet-title action.