MARKER v. CITY OF COLORADO SPRINGS

No. 18643.

336 P.2d 305 (1959)

William MARKER, Agnes Hutchinson, Henry I. Szymanski, and North End Home Owners Association, Inc., a Colorado Corporation, Plaintiffs in Error, v. CITY OF COLORADO SPRINGS, a municipal corporation, and Fred Simpson, Jr., Harry Blunt, Harold Hawks, Carl Decker, Harold Heyse, Robert W. Johnson, Melvin Olson, Eugene Martin, William C. Henderson, as President and Members Respectively of the City Council of City of Colorado Springs, W. C. Service, Richard Vanderhoof, Harold Dyer, James R. Kennedy, Louis J. Kennedy, Herbert Thomson, A. L. Ingerick and Peter J. Labowskie, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 23, 1959.


Attorney(s) appearing for the Case

Donald E. La Mora, Colorado Springs, for plaintiffs in error.

John A. Love, Frederick T. Henry, Haney & Howbert, Colorado Springs, for defendants in error.


KNAUSS, Chief Justice.

We shall refer to the parties to this writ of error as they appeared in the trial court, where plaintiffs in error were plaintiffs and defendants in error were defendants.

Pursuant to Rule 106 R.C.P.Colo. plaintiffs sought review of the action of the defendant City of Colorado Springs, Colorado in granting a use variance permit to defendants in error Service and Vanderhoof to erect a medical office building on certain unimproved lots...

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