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SOUTH OF SECOND ASSOCIATES v. GEORGETOWN

No. 27859.

580 P.2d 807 (1978)

SOUTH OF SECOND ASSOCIATES, a partnership, Ketchum, Konkel, Barrett, Nickel, Austin, Inc., a Colorado Corporation, William C. Holmes, Robert E. Eckels, and Richard W. Eckels, Plaintiffs-Appellees, and Cross-Appellants, v. GEORGETOWN, Colorado, a Municipal Corporation, Brent W. Kruger, being the present Police Judge of Georgetown, Colorado, James C. Abbott, Jr., Ron Neely, Thomas L. Briddle, Jerry B. Buckley, William C. Thaxton, Kenneth E. Kessler, being and constituting the present Board of Selectmen of Georgetown, Colorado, Jerry B. Buckley, Henry K. Anderson, Robert J. Gretencourt, Cynthia C. Wadsworth, Elizabeth Glenn, Harold D. Haskins, Robert Gibbs, being and constituting the present Historical Preservation Commission of Georgetown, Colorado, Orion C. Shockley and Helen Rockwell, as prior members of the Board of Selectmen of Georgetown, Colorado, and Robert Terry, the present Building Inspector of Georgetown, Colorado, Defendants-Appellants, and Cross-Appellees.

Supreme Court of Colorado, En Banc.

July 10, 1978.

Attorney(s) appearing for the Case

Richard E. Young, Frederick J. Lockhart, Jr., Denver, for appellees and cross-appellants.

Bradley, Campbell, & Carney, Daniel T. Moyle, Jr., Evergreen, for appellants and cross-appellees.

ERICKSON, Justice.

Georgetown is a municipal corporation created by the Colorado territorial legislature in 1868. The town and surrounding area are rich in the culture and history of early Colorado. In 1966, the National Park Service of the U.S. Department of the Interior designated the Georgetown/Silver Plume area as a registered National Historic Landmark District.

On May 18, 1970, the Board of Selectmen of Georgetown enacted Ordinance No. 205. The ordinance...

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