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BOARD OF ADJUSTMENT OF ADAMS COUNTY v. IWERKS

No. 18014.

316 P.2d 573 (1957)

BOARD OF ADJUSTMENT OF ADAMS COUNTY, Colorado, Felix Pomponio, Del Cimyott, Albert Mitze, Harry Wall, Sr. and Alfred Kroge, as members thereof, and Inland Construction Company, a Nebraska corporation, authorized to do business in Colorado; John Priola, Roy Y. Tani, and Fred N. Holland, Executor of the Estate of W. E. Kash, Deceased, Plaintiffs in Error, v. Jack IWERKS, also known as Ira C. Iwerks, and Hazel Iwerks, Defendants in Error.

Supreme Court of Colorado. En Banc.

As Modified on Denial of Rehearing September 30, 1957.

Attorney(s) appearing for the Case

Gould, Moch & Schermerhorn, Denver, for plaintiffs in error.

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

J. Fred Schneider, Gen. Counsel, Colorado State Assn. of County Commissioners, Denver, John C. Banks, City Atty., Denver, Anthony F. Zarlengo and H. Shields Mason, Denver, amici curiae.

DAY, Justice.

This action, instituted in the trial court by defendants in error who were the petitioners below, was in the nature of certiorari. The parties will be referred to as they appeared in the trial court or by name. Plaintiffs in error were the respondents.

Petitioners sought review in the trial court of the action of respondent Board of Adjustment of Adams County in granting a permit to the Inland Construction Company to operate an aggregate plant...

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