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BAUER v. CITY OF WHEAT RIDGE

No. 25980.

513 P.2d 203 (1973)

Mervin L. BAUER and Shirley J. Bauer, Plaintiffs-Appellees. v. CITY OF WHEAT RIDGE, a municipal corporation, et al., Defendants-Appellants.

Supreme Court of Colorado, En Banc.

August 20, 1973.

Attorney(s) appearing for the Case

Holley, Boatright & Villano, David C. Deuben, George Alan Holley, Wheat Ridge, for plaintiffs-appellees.

Maurice F. Fox, Wheat Ridge, for defendants-appellants.

HODGES, Justice.

The Plaintiffs Mr. and Mrs. Bauer own real property in the City of Wheat Ridge. The property is located in an area designated by ordinance as a flood plain. As zoned, the Bauers could build an apartment house on this property, provided they met the criteria in the flood plain ordinance for a "special exception." Bauers' application for the "special exception" was denied by the city council.

Bauers appealed the city council's denial to the...

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