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GRANT v. DISTRICT COURT, ETC., CTY. OF FREMONT

No. 81SA264.

635 P.2d 201 (1981)

G. F. GRANT and Skyland Inc., a Colorado Corporation, Petitioners, v. The DISTRICT COURT In and For the COUNTY OF FREMONT and State of Colorado and the Honorable John Anderson, a Judge of said Court, Respondents, The City of Canon City and the City Council of the City of Canon City, Respondents-Real Parties in Interest.

Supreme Court of Colorado, En Banc.

October 13, 1981.

Attorney(s) appearing for the Case

Trott, Kunstle & Hughes, P. C, M. Stephen Kautz, Colorado Springs, for petitioners.

Hon. John Anderson, pro se.

Roger M. Breyfogle, City Atty., Canon City, for respondents-real parties in interest.

LOHR, Justice.

The petitioners, G.F. Grant and Skyland, Inc., seek relief in the nature of mandamus pursuant to C.A.R. 21. They contend that the trial court erred in dismissing the two claims for relief in their complaint which seek C.R.C.P. 106(a)(4) review of a zoning ordinance adopted by Canon City, Colorado, and request reinstatement of those claims. We issued a rule to show cause why the requested relief should not be granted and now make that rule absolute....

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