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BOARD OF ADJUSTMENT, ETC. v. KUEHN

No. 17682.

290 P.2d 1114 (1955)

BOARD OF ADJUSTMENT OF THE CITY AND COUNTY OF DENVER, and John F. Mueller, Harry W. Bundy, M. S. Ashley, Casper F. Hegner and Anthony Sweetman, as members thereof, City and County of Denver (Intervenors), Plaintiffs In Error, v. John KUEHN, Defendant in Error.

Supreme Court of Colorado, En Banc.

Adhered to on Rehearing January 3, 1956.

Attorney(s) appearing for the Case

John C. Banks, Earl T. Thrasher, Denver, for plaintiffs in error.

Donaldson, Hoffman & Goldstein, Denver, for defendant in error.

Before ALTER, C. J., and MOORE, HOLLAND, CLARK, LINDSLEY, BRADFIELD and KNAUSS, JJ.

MOORE, Justice.

This cause is before us on the motion to dismiss the writ of error filed by defendant in error, John Kuehn.

Kuehn applied to the Board of Adjustment of the City and County of Denver, plaintiff in error, to have the latter designate an area in which to obtain the affirmance of 80% of the owners so that a petition might be filed for the use within a residence "B" zone of three lots at 5090 Lincoln street...

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