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WOOD BROS. HOMES v. CITY OF COLORADO SPRINGS

No. 27232.

568 P.2d 487 (1977)

WOOD BROS. HOMES, INC., a Delaware Corporation, Plaintiff-Appellee, v. CITY OF COLORADO SPRINGS, a Municipal Corporation of the State of Colorado, and the City Council of the City of Colorado Springs, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

September 6, 1977.

Attorney(s) appearing for the Case

Spurgeon, Haney & Howbert, Gregory R. Piche, Colorado Springs, George Alan Holley & Associates, George Alan Holley, Golden, for plaintiff-appellee.

Gordon D. Hinds, City Atty., James G. Colvin II, Asst. City Atty., Jackson L. Smith, Deputy City Atty., Colorado Springs, for defendants-appellants.

HODGES, Justice.

Plaintiff-appellee Wood Bros. Homes, Inc. sought relief in the trial court from a condition imposed by the city council of Colorado Springs prior to granting final approval of a subdivision plat. The trial court granted the relief and the city appeals. We affirm.

Wood Bros. owns 294 acres of undeveloped land within the city and sought approval of a subdivision plat for 117 acres. The city council refused to approve the plat because Wood Bros...

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