MURRAY v. BD. OF ADJUST., LARIMER CTY.

No. 77-826.

594 P.2d 596 (1979)

Ned F. MURRAY, Ardis Ann Murray, Harvey W. Coleman, Marcella Coleman, Nancy M. Jenkins and Joseph P. Jenkins, Plaintiffs-Appellants, v. BOARD OF ADJUSTMENT, LARIMER COUNTY, Colorado, Lee Baker, and Mrs. Lee "Sandy" Baker, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 22, 1979.

Certiorari Denied May 7, 1979.


Attorney(s) appearing for the Case

Joseph P. Jenkins, P. C., Estes Park, for plaintiffs-appellants.

Harden, Napheys, Schmidt & Hass, P. C., George H. Hass, Fort Collins, for defendants-appellees.


STERNBERG, Judge.

The defendant Board of Adjustment granted a variance to the individually named defendants waiving set back requirements and permitting them to construct a second freestanding building on their lot. The plaintiffs, owners of adjacent properties, sought review of the Board's actions by a timely C.R.C.P. 106(a)(4) proceeding. The court denied them relief, and, on their appeal, we reverse and remand for further proceedings.

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