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SUNDANCE HILLS HOME. ASS'N v. BOARD OF CTY. COM'RS

No. 26661.

534 P.2d 1212 (1975)

SUNDANCE HILLS HOMEOWNERS ASSOCIATION, Plaintiff-Appellee, v. The BOARD OF COUNTY COMMISSIONERS FOR ARAPAHOE COUNTY, Colorado, et al., Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 27, 1975.

Attorney(s) appearing for the Case

Simon, Eason, Hoyt & Malone, P. C., Richard H. Simon, Stephen G. Everall, Englewood, for plaintiff-appellee.

Ronald S. Loser, Littleton, for defendants-appellants Bd. of County Commissioners for Arapahoe County, John J. Nicholl, Charles A. Pitts and Peter D. Smythe.

Isaacson, Rosenbaum, Spiegleman & Friedman, P. C., Harvey E. Deutsch, Richard E. Mishkin, Jensen, Miles, Miller, Davis & Moorhead, John B. Moorhead, Denver, for defendants-appellants The Alpert Corp., Harvey Alpert, Theodore Alpert and Leland Alpert.

DAY, Justice.

In early 1973 the Alpert Corporation and the three Alpert brothers filed seven applications for rezoning with the Arapahoe County Planning Commission. Sundance Hills Homeowners Association (Sundance) objected to the requested rezoning of 101 acres of this area from A-1 (agriculture) to R-P Planned Unit Development (PUD), since it would require 10.6 dwelling units per acre. Sundance contended that it would be too high a density to be compatible with the...

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