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EINARSEN v. CITY OF WHEAT RIDGE

No. 79CA0257.

604 P.2d 691 (1979)

Robert L. EINARSEN, Harold D. Einarsen, and Charles A. Einarsen, Plaintiffs-Appellees, v. CITY OF WHEAT RIDGE, a municipal corporation; City Council of the City of Wheat Ridge; and State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

As Modified On Denial of Rehearing October 18, 1979.

Certiorari Denied January 7, 1980.

Attorney(s) appearing for the Case

George Alan Holley & Associates, Scott D. Albertson, Golden, for plaintiffs-appellees.

Edmund G. Lambert, City Atty., Thomas J. Hindman, Asst. City Atty., Lakewood, for defendants-appellants.

STERNBERG, Judge.

The defendants appeal a judgment reversing a decision of the Wheat Ridge City Council denying plaintiffs', the Einarsens, application for rezoning. We reverse.

The Einarsens own a tract of land in Wheat Ridge, consisting of approximately 8 acres zoned R-1 and C-1. An application was filed in 1976 requesting a change of zoning to Planned Commercial Development. The planning commission recommended that the rezoning be approved. The planning...

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