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ELAM v. ALBERS

No. 79CA0707.

616 P.2d 168 (1980)

Robert E. ELAM and Mildred Elam, Petitioners-Appellees, v. Maxine ALBERS, Richard Enstrom, and Errol Snider, all constituting the Mesa County Board of Commissioners, Respondents-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 5, 1980.

Certiorari Denied August 25, 1980.

Attorney(s) appearing for the Case

Golden, Mumby, Summers & Livingston, J. Richard Livingston, Grand Junction, for petitioners-appellees.

Gerald J. Ashby, County Atty., Grand Junction, for respondents-appellants.

SMITH, Judge.

The Board of County Commissioners (Board) appeals a determination by the district court permitting the Elams to build a mobile home park in an area which is zoned in such a manner as to exclude such parks. We reverse.

The Elams' predecessor in interest to the land in question obtained a conditional use permit for a mobile home park on the land in 1970. At that time, the land was zoned R-3, a category which permitted use of the land for a mobile...

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