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BEDFORD v. BOAD OF CITY. COM'RS OF SAN MIGUEL

No. 77-667.

584 P.2d 90 (1978)

James BEDFORD, Durfee Day, Eric Doud, George Greenbank III, James Lincoln, Linda Mandel, J. Gordon McPhee, Leslie Ross, Stephen Suloway and Clinton Wolf, Plaintiffs-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF SAN MIGUEL COUNTY, Dale Dillon as Chairman thereof, Planning Commission of San Miguel County, Mario Zadra as Chairman thereof, Planning Department of San Miguel County, Mark Frauhiger as Director thereof, and Pagosa AG, a corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 27, 1978.

Certiorari Denied September 18, 1978.

Attorney(s) appearing for the Case

Korn & Dowling, J. Michael Dowling, Telluride, for plaintiffs-appellants.

Fairlamb & Fairlamb, Millard S. Fairlamb, Delta, for defendants-appellees Bd. of County Com'rs of San Miguel County; Dale Dillon as Chairman thereof; Planning Com'n of San Miguel County; Mario Zadra as Chairman thereof; Planning Dept. of San Miguel County; Mark Frauhiger as Director thereof.

Woodrow, Roushar, Weaver & Withers, Frank J. Woodrow, Montrose, for defendant-appellee Pagosa AG, a corporation.

BERMAN, Judge.

Pursuant to C.R.C.P. 106(a)(4), plaintiffs filed an action in district court seeking judicial review of a zoning resolution passed by the Board of County Commissioners of San Miguel County. The resolution in question granted the application of Pagosa AG, a Swiss corporation, to rezone approximately 240 acres of land from forestry and agricultural use to a planned unit development which included both residential and commercial use.

The defendants...

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