CLARK v. CITY OF COLORADO SPRINGS

No. 21285.

428 P.2d 359 (1967)

Elwood C. CLARK, Raymond A. Greenberg, John Ceresa and Vera Ceresa, Plaintiffs in Error, v. The CITY OF COLORADO SPRINGS, a Municipal Corporation, Perry C. Tyree, as the Building Official of the City of Colorado Springs, and Elroy Stum, Defendants in Error, and Suburban Associates, Inc., Intervenor.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 26, 1967.


Attorney(s) appearing for the Case

Donald E. La Mora, H. T. McGarry, Colorado Springs, for plaintiffs in error, and intervenor.

Bernard L. Trott, Frederick T. Henry, Colorado Springs, for defendants in error.


PRINGLE, Justice.

Elroy Stum was the owner of a 39 acre tract of land adjacent to the City of Colorado Springs. Stum petitioned to annex this tract to the City, on the conditions that the tract, when annexed, be zoned P.B.C.—3 (Planned Business Center), and that no requirements be imposed for the dedication of interior streets or the continuation of existing city streets which now dead-end at Stum's tract. The Planning Commission of the City of Colorado Springs...

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