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BD. OF CTY. COM'RS OF MESA CTY. v. CARTER

No. 27531.

564 P.2d 421 (1977)

BOARD OF COUNTY COMMISSIONERS OF MESA COUNTY, Colorado, and Douglas Muth and Thomas M. Wilkinson, Petitioners, v. Honorable James J. CARTER, Judge, Twenty-First Judicial District, State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

May 23, 1977.

Attorney(s) appearing for the Case

Gerald J. Ashby, Tom E. Elder, Grand Junction, for petitioners.

Muff & Lockard, Dale G. Muff, Grand Junction, for respondent.

KELLEY, Justice.

We issued a rule to show cause why the petitioner's motion to dismiss the complaint filed in Mesa County District Court, Civil Action No. 25625, should not be granted. We now make the rule absolute.

On March 30, 1976, Dudley Clymer applied to the Mesa County Planning Commission to rezone certain real property located in Mesa County, Colorado. It approved the application and forwarded it to the petitioners, Board of County Commissioners of...

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