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BEAR VALLEY DRIVE-IN TH. CORP. v. BOARD OF CO. COM'RS

No. 22931.

476 P.2d 48 (1970)

BEAR VALLEY DRIVE-IN THEATER CORPORATION, Plaintiff-in-Error, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF JEFFERSON, Defendant-in-Error, and Charles T. Haley, Mabel H. Armstrong, Junglewood, Inc., Francis R. Newton, William L. Hillyard, Jr., Whitney Newton II, Ben Haley, Helen B. Haley, Patricia H. Argall, Mary Hillyard, Colorado Academy and Loretto Literary and Benevolent Institution of Kentucky, Intervenors.

Supreme Court of Colorado, En Banc.

October 26, 1970.

Attorney(s) appearing for the Case

F. Richard Hite, Edward Miller, Denver, for plaintiff in error.

Joseph E. Maker, Leonard R. Liss, Golden, for defendant in error.

Bradley, Campbell, Carney & Johnson, Thomas J. Carney, Golden, for intervenors.

GROVES, Justice.

The question involved on this writ of error is whether the district court should be directed to order county commissioners to change the zoning of an 18-acre tract to permit the construction and operation of a drive-in theater. The parties appear here in the same order as in the trial court and will be referred to as Bear Valley and the Board, respectively. At the Board's last hearing it declined to change the zoning as sought by Bear Valley. After...

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