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WITKIN HOMES, INC. v. CITY AND COUNTY OF DENVER

No. 72-021. (Supreme Court No. 25272.)

504 P.2d 1121 (1972)

WITKIN HOMES, INC., a Colorado corporation, Plaintiff-Appellant, v. CITY and COUNTY OF DENVER, a Municipal corporation et al., Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 21, 1972.

Certiorari Denied January 15, 1973.

Attorney(s) appearing for the Case

Wallace & Hahn, C. Thomas Bastien, Denver, for plaintiff-appellant.

Max P. Zall, Earl T. Thrasher, Robert M. Kelly, Denver, for defendants-appellees City and County of Denver, The Election Commission of the City and County of Denver, James W. Fennell, James E. Manuel and F. J. Serafini.

Ronald F. Flader, Denver, for defendants-appellees Ann Crowley, Warren Buckholz, Ben G. Miriello, Joyce E. Hjelm, Ann L. Hamlin and John C. Regan.

Selected for Official Publication.

SMITH, Judge.

This case was transferred from the Supreme Court pursuant to statute.

On May 20, 1968, the City Council of the City and County of Denver approved an ordinance which rezoned certain land from a classification of single family dwelling to one permitting three and four family units. On June 21, 1968, petitions were filed with the City Clerk demanding a referendum on the ordinance. A protest directed to...

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