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CITY AND COUNTY OF DENVER v. REDDING-MILLER, INC.

No. 19023.

347 P.2d 954 (1959)

CITY AND COUNTY OF DENVER, a municipal corporation and J. D. Arehart, as Zoning Administrator of the City and County of Denver, Plaintiffs in Error, v. REDDING-MILLER, INC., a Colorado Corporation, and John F. Mueller, Thomas W. Bean, Harry W. Bundy, Michael Pomponio and Nicholas G. Borelli, as individuals and as jointly constituting the Board of Adjustment in and for the City and County of Denver, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 11, 1960.

Attorney(s) appearing for the Case

Donald E. Kelley, Earl T. Thrasher, Hans W. Johnson, Denver, for plaintiffs in error.

Robertson & Danks, Patricia H. Maloy, Denver, for defendant in error, Redding-Miller, Inc.

MOORE, Justice.

J. D. Arehart, Zoning Administrator of Denver, and the City of Denver seek review by writ of error of a judgment entered by the district court affirming the holding of the Board of Adjustment of the City and County of Denver. This judgment granted certain variances under the zoning ordinance of the City and County of Denver, and strict compliance with said ordinance was not required.

The trial court dismissed the claim of the City and County...

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