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CITY OF COLORADO SPRINGS v. SMARTT

No. 79SC38.

620 P.2d 1060 (1980)

CITY OF COLORADO SPRINGS, a municipal corporation of the State of Colorado and The City Council of the City of Colorado Springs, Petitioner, v. Billy H. SMARTT, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing January 12, 1981.

Attorney(s) appearing for the Case

Gordon D. Hinds, City Atty., James G. Colvin, II, Asst. City Atty., Colorado Springs, for petitioner.

George Alan Holley & Associates, Scott D. Albertson, Golden, for respondent.

HODGES, Chief Justice.

We granted certiorari to review the opinion of the Colorado Court of Appeals in Wood Bros. Homes, Inc. v. City of Colorado Springs, 42 Colo.App. 15, 592 P.2d 1336 (1978), which pertains to a home rule city's zoning authority. The City of Colorado Springs (the City) in its petition for certiorari challenged the court of appeals holding that the Colorado Springs City Council abused its discretion and exceeded...

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