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ROUNDUP FOUNDATION v. BOARD OF ADJUSTMENT

No. 80CA0685.

626 P.2d 1154 (1980)

ROUNDUP FOUNDATION, INC., a Colorado Corporation and Roundup Fellowship, Inc., a Colorado Non-Profit Corporation, Plaintiffs-Appellants, v. The BOARD OF ADJUSTMENT OF the CITY AND COUNTY OF DENVER, Gunnar Mykland, Lawrence M. Henry, Ernest C. Capillupo, Frana Mace and Charles R. Cousins, as members of the Board of Adjustment of the City and County of Denver; The City and County of Denver, a Municipal Corporation and A. H. Jansen, Zoning Administrator of the City and County of Denver, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 29, 1981.

Certiorari Denied April 20, 1981.

Attorney(s) appearing for the Case

Solomon & Zimmerman, P. C., David A. Solomon, Bruce C. Bernstein, Denver, for plaintiffs-appellants.

Max P. Zall, Robert M. Kelly, John L. Stoffel, Jr., Denver, for defendants-appellees.

COYTE, Judge.

Roundup Foundation, Inc. and Roundup Fellowship, Inc., (Roundup) appeal from the judgment of the trial court affirming the decision of the Denver Board of Adjustment. We affirm.

The following facts are undisputed. Roundup Fellowship, Inc., was licensed by the State Department of Social Services to operate a residential child care facility at a specific location in Denver. However, in September 1978, Roundup began to operate a group home for mentally...

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