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SPIKER v. CITY OF LAKEWOOD

No. 28255.

603 P.2d 130 (1979)

C. E. SPIKER and Cleveland Heights Homeowners Association, a Non-Profit Colorado Corporation, Plaintiffs-Appellees, v. The CITY OF LAKEWOOD, a Municipal Corporation; B. L. Wilson, Carolyn Bacher, Sharon Carr, Don De Decker, Carl H. Neu, Gaylor Smith, Paul Thompson, Charles Whitlock, Lester Willson, and Robert Wright, as members of the City Council, City of Lakewood; Les Roebuck, as Chief Building Inspector of the City of Lakewood; and West Alameda Community Baptist Church, Inc., a corporation, Defendants-Appellants. Thomas WILKING; Marjorie M. Wilking; Elvin L. With; Roberta With; and Cleveland Heights Homeowners Association, a Non-Profit Colorado Corporation, Plaintiffs-Appellees, v. The CITY OF LAKEWOOD, a Municipal Corporation; B. L. Wilson, Carolyn Bacher, Sharon Carr, Don De Decker, Carl H. Neu, Gaylor Smith, Paul Thompson, Charles Whitlock, Lester Willson, and Robert Wright, as members of the City Council, City of Lakewood; Les Roebuck, as Chief Building Inspector of the City of Lakewood; and West Alameda Community Baptist Church, Inc., a corporation, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

November 19, 1979.

Attorney(s) appearing for the Case

Goldstein, Armour & Lonnquist, P. C., Alan A. Armour, Denver, for plaintiffs-appellees C. E. Spiker, Thomas Wilking, et al.

Gorsuch, Kirgis, Campbell, Walker & Grover, Robert E. Warren, Jr., Denver, Solomon & Zimmerman, David A. Solomon, Lakewood, for defendants-appellants City of Lakewood, Members of City Council and the Building Inspector.

Calkins, Kramer, Grimshaw & Harring, James S. Bailey, Jr., Denver, for defendant-appellant West Alameda Community Baptist Church, Inc.

LEE, Justice.

Appellants seek reversal of a district court judgment which declared null and void proceedings of the City of Lakewood rezoning and permitting property of the West Alameda Community Baptist Church, Inc. to be used for federally financed low-income housing for the aged.

This is a sequel to the zoning controversy presented to this court in Snyder v. Lakewood, 189 Colo. 421, 542 P.2d 371 (1975).

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