specially concurring:
I join in the opinion of Mr. Justice Day.
In addition to a case in which I did not participate and the instant matter, the Municipal Annexation Act of 1965, 1965 Perm. Supp., C.R.S. 1963, 139-21-1 et seq. has been before us at least three times. These are cited in Mr. Justice Day’s opinion here: Cline v. City of Boulder, 168 Colo. 112, 450 P.2d 335 (1969); Breternitz v. City of Arvada, 174 Colo. 56, 482 P.2d 955 (1971); and Johnston v. City Council of Greenwood Village, 177 Colo. 223, 493 P.2d 651 (1972). With each of these cases I have become increasingly conscious of the ambiguities, contradictions and vagueness of several of the provisions of this Act. The possible unconstitutionality of the Act for these reasons has not been argued in the present case and therefore we should not attempt to rule thereon. I wish to state, however, that my concern in this particular will cause me to lend an attentive ear in the event that it is argued someday that we should prospectively declare this Act unconstitutional for those reasons.
MR. JUSTICE HODGES and MR. JUSTICE ERICKSON join in this special concurring opinion.