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WEST ALMEDA HEIGHTS H. ASS'N v. BOARD OF CO. COM'N

No. 23390.

458 P.2d 253 (1969)

WEST ALAMEDA HEIGHTS HOMEOWNERS ASSOCIATION, H. W. Nichols, Norman Jensen, Mrs. Mazie Johnson, Mrs. Christine Hupp, Dorothy R. Baker, and Maria Dunlap, Plaintiffs in Error, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF JEFFERSON, State of Colorado; George O. Newton, Carma S. Newton, Bernice Newton, F. W. Woolworth Company, Safeway Stores, Inc., and Bankers Life Insurance Company, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied September 22, 1969.

Attorney(s) appearing for the Case

Calkins, Kramer, Grimshaw & Carpenter, Denver, for plaintiffs in error.

Winner, Berge, Martin & Camfield, William G. Berge, Denver, for defendants in error.

DAY, Justice.

The West Alameda Heights Homeowners Association and certain individual homeowners, representatives in a class action for persons who reside in West Alameda Heights Subdivision, are here assigning error to the decree of the Jefferson County district court, declaring null and void restrictive covenants on a number of lots in certain blocks in the subdivision.

As plaintiffs below they brought an action to enjoin the construction of two large shopping...

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