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CITY OF ENGLEWOOD v. APOSTOLIC CHRISTIAN CHURCH

No. 19519.

362 P.2d 172 (1961)

CITY OF ENGLEWOOD, a municipal corporation, the Board of Adjustment and Appeals of the City of Englewood, and Tymer Rice, Kenneth P. Carlson, William Clayton, E. B. Cartwright, and R. E. Kinney, In their capacity as and being The Board of Adjustment and Appeals of the City of Englewood, and Beryl A. Wallace, as Building Inspector of the City of Englewood, State of Colorado, Plaintiffs in Error, v. APOSTOLIC CHRISTIAN CHURCH, a corporation existing under and by virtue of the laws of the State of Colorado, Herman Hess and Esther Hess, Defendants in Error.

Supreme Court of Colorado. En Banc.

May 1, 1961.

Attorney(s) appearing for the Case

Joseph W. Esch, Englewood, for plaintiffs in error.

Creamer & Creamer, Denver, for defendants in error.

MOORE, Justice.

Plaintiffs in error will be referred to as Englewood, and defendants in error as the church or by the names of the individuals as circumstances may require.

The action was commenced by the church and Herman and Esther Hess against Englewood, its Board of Adjustment and Appeals and its Building Inspector, seeking relief by declaratory judgment and otherwise with relation to certain portions of the Englewood Zoning Ordinances which they alleged...

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