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DILLON COMPANIES, INC. v. CITY OF BOULDER

Nos. 25322, 25622.

515 P.2d 627 (1973)

The DILLON COMPANIES, INC., d/b/a King Soopers, a Kansas corporation, Duly Authorized to do Business in the State of Colorado, et al., Plaintiffs-Appellees, v. The CITY OF BOULDER, Colorado, a Colorado municipal corporation, et al., Defendants-Appellees. Rebecca Gustafson et al., Intervenors-Appellants. Rebecca GUSTAFSON et al., Plaintiffs-Appellants, v. The CITY OF BOULDER, Colorado, a municipal corporation, organized and existing under and by virtue of the laws of the State of Colorado, et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

October 29, 1973.

Attorney(s) appearing for the Case

Quiat and Quiat, P. C., Gerald M. Quiat, Creamer and Creamer, George Louis Creamer, James C. Bull, Denver, for intervenors-appellants in No. 25322 and plaintiffs-appellants in No. 25622.

Walter L. Wagenhals, Boulder, for defendant-appellee City of Boulder.

Hollenbeck, King, French & Mills, Neil C. King, Peter C. Dietze, Boulder, for plaintiffs-appellees in No. 25322 and defendants-appellees in No. 25622.

HODGES, Justice, delivered the Opinion of the Court.

Appellees Dillon Company and Coels own in the City of Boulder contiguous pieces of property, which are zoned for multi-family residential use. Pursuant to a city ordinance, Dillon Company and Coels made application to have their land rezoned to a planned development district to enable them to build a supermarket and a clinic building.

The Boulder Planning Board reviewed their application, held two public...

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