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LDS, INC. v. HEALY

No. 28100.

589 P.2d 490 (1979)

LDS, INC., Plaintiff-Appellant, v. Thomas V. HEALY, Henry L. Strauss and W. R. Bray, as members of the Real Estate Commission, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

January 22, 1979.

Attorney(s) appearing for the Case

Robert Dunlap, Colorado Springs, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Jacqueline Vermeulen, Asst. Atty. Gen., Denver, for defendants-appellees.

PRINGLE, Justice.

Appellant, a licensed real estate subdivision developer, brought this declaratory judgment action in the district court seeking a judicial determination that section 12-61-405, C.R.S. 1973, governing revocation of a subdivider's license, is facially unconstitutional. The district court declared the section to be constitutional and granted the appellee's motion for summary judgment. We reverse.

The appellant claims that the word "reputation...

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