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GRAMIGER v. CROWLEY

No. 78-882.

638 P.2d 797 (1981)

Hans R. GRAMIGER, Plaintiff-Appellee, v. Alfred J. CROWLEY, Building Inspector for the County of Pitkin, The Board of County Commissioners of the County of Pitkin County, Michael J. Kinsley, as Chairman thereof, Joseph E. Edwards, Jr., a member thereof, Robert Child, a member thereof, Dwight K. Shellman, Jr., individually and Joseph E. Edwards, Jr., individually, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 27, 1981.

Certiorari Granted December 21, 1981.

Attorney(s) appearing for the Case

Kerwin & Elliott, Thomas J. Kerwin, Jane Anne Murphy, Denver, for plaintiff-appellee.

Oates, Austin, McGrath & Jordan, J. Nicholas McGrath, Jr., Robert W. Hughes, Sandra M. Stuller, Pitkin County Atty., Aspen, for defendants-appellants.

STERNBERG, Judge.

Hans R. Gramiger, the plaintiff, submitted to the Pitkin County Building Inspector an application for a permit for grading and excavation of a site in preparation for construction of a supper club and restaurant atop Shadow Mountain near Aspen. The site had some distinctive features: sole access to the mountain-top was to be by way of a specially constructed tramway which terminated in an established, primarily residential, neighborhood; rock had...

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