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APPLEWOOD GARDENS HOMEOWNERS' v. RICHTER

No. 79CA0050.

596 P.2d 1226 (1979)

APPLEWOOD GARDENS HOMEOWNERS' ASSOCIATION, INC., a Colorado Corporation, John Michael Carroll and Mrs. Robert J. Wildman, Plaintiffs-Appellants, v. Dwaine R. RICHTER, the City Council of the City of Wheat Ridge, Colorado, and the City of Wheat Ridge, Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

June 7, 1979.

Attorney(s) appearing for the Case

Sonheim & Helm, Robert H. Sonheim, Arvada, for plaintiffs-appellants.

Robert Lee Kessler, Denver, for defendant-appellee Dwaine R. Richter.

Lambert & Owens, Charles W. Owens, Lakewood, for defendants-appellees City Council of the City of Wheat Ridge, Colorado and The City of Wheat Ridge, Colorado.

STERNBERG, Judge.

Defendant Richter's application for approval of a final development plan for a tract of real estate in Wheat Ridge was granted by the defendant city council pursuant to the city's Planned Commercial Development ordinance. Plaintiffs, owners of homes in the area, filed a timely C.R.C.P. 106 action seeking to have the approval voided, alleging the city council acted arbitrarily and capriciously and did not follow the procedure set forth in the ordinance...

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