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SOUTH OF SECOND ASSOCIATES v. GEORGETOWN

No. 79SA7.

609 P.2d 125 (1980)

SOUTH OF SECOND ASSOCIATES, a partnership, Ketchum, Konkel, Barrett, Nickel, Austin, Inc., a Colorado Corporation; William C. Holmes, Robert E. Eckels, and Richard W. Eckels, Plaintiffs-Appellants, v. GEORGETOWN, Colorado, a Municipal Corporation; Brent W. Kruger, being the present Police Judge of Georgetown, Colorado; James C. Abbott, Jr., Ron Neely, Thomas L. Briddle, Jerry B. Buckley, William C. Thaxton, Kenneth E. Kessler, being and constituting the present Board of Selectmen of Georgetown, Colorado; Jerry B. Buckley, Henry K. Anderson, Robert J. Fretencourt, Cynthia C. Wadsworth, Elizabeth Glenn, Harold D. Haskins, Robert Gibbs, being and constituting the present Historical Preservation Commission of Georgetown, Colorado; Orion C. Shockley and Helen Rockwell, as prior members of the Board of Selectmen of Georgetown, Colorado; and Robert Terry, the present Building Inspector of Georgetown, Colorado, Defendants-Appellees.

Supreme Court of Colorado, En banc.

As Modified on Denial of Rehearing and Rehearing April 28, 1980.

Attorney(s) appearing for the Case

Richard E. Young, Robert R. Keatinge, Frank D. Plunkett, Jr., Denver, for plaintiffs-appellants.

Stitt, Wittenbrink & Roan, P. C., Philip F. Roan, Westminster, for defendants-appellees.

As Modified on Denial of Rehearing and Rehearing En Banc April 28, 1980.

ERICKSON, Justice.

This is the second time we have been called upon to review the denial of a building permit to plaintiff-appellants, South of Second Associates (SSA). In South of Second Associates, Inc. v. Georgetown, 196 Colo. 89, 580 P.2d 807 (1978), we affirmed a district court ruling that Georgetown Ordinances Nos. 205 and 206 were unconstitutionally...

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