KING'S MILL HOMEOWN. ASS'N v. CITY OF WESTMINSTER

No. 27013.

557 P.2d 1186 (1976)

KING'S MILL HOMEOWNERS ASSOCIATION, INC., a Colorado nonprofit Corporation, et al., Plaintiffs-Appellants, v. The CITY OF WESTMINSTER, Colorado, a Municipal Corporation, et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

December 27, 1976.


Attorney(s) appearing for the Case

Howe & Windholz, James A. Windholz, Boulder, for plaintiffs-appellants.

Stitt, Wittenbrink & Roan, James R. Stitt, Denver, for defendants-appellees, The City of Westminster, Colorado, a municipal corporation; Gilbert A. Bean, Vi June, Frederick L. Allen, Donald H. Hoch, George A. Hovorka, Bert J. Johnson, and Fran Blazek, individually and as members of the City Council of the City of Westminster; Chester McPherson, Samuel E. Forbes, Robert Klock, James True, Don Weber, and Rodney Sheffer, individually and as members of the Planning Commission and Zoning Board of the City of Westminster; Steve Garman, as the Westminster City Manager; Howard B. Browning, as the Westminster Director of Public Works; John Franklin, as the Westminster Director of Planning.

Silverman, Makkai & Anson, Sheldon Silverman, Denver, Robert Anson, for defendants-appellees, North Wadsworth Properties Co.; Carlile-Agee & Associates, Inc., d/b/a Data Core, Inc.; Bruce B. Paul; Richard F. Thomas; George W. Henderson and Dorothy J. Henderson; James B. Miller and Christine M. Miller; Harry A. Hutton and Iva Hutton; Albert C. Henke and Winifred A. Henke; Jordon Perlmutter; Samuel Primack, and Perl-Mack Enterprises, Co.


KELLEY, Justice.

King's Mill Homeowners Association, Inc., et al. (appellants) appeal the trial court's dismissal of a complaint challenging the validity of a Westminster City Ordinance rezoning 119 acres of land.

The appellants, except for King's Mill Homeowners Association, Inc., are residents of the City of Arvada. At the conclusion of the trial, upon motion of the defendants, the court dismissed the action as to the Arvada plaintiffs on the ground that...

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