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CITY OF GREENWOOD VILLAGE v. BOYD

No. 78-1074.

624 P.2d 362 (1981)

CITY OF GREENWOOD VILLAGE, Colorado, a municipal corporation, Plaintiff-Appellee and Cross-Appellant, v. Grant D. BOYD and Gay A. Boyd, Virgil E. Carrier and Rita D. Carrier, Thomas C. DeFeo and Lowell E. DeFeo, Howard L. Edwards and Carolyn B. Edwards, and Robert G. Good and Mary S. Good, Defendants-Appellants and Cross-Appellees, and Gerald J. Alger and Barbara J. Alger, the Capitol Savings Service Corporation, a Colorado corporation, Robert T. Barbour, Michael Bernstein and Paula R. Bernstein, David L. Daggett and Constance I. Daggett, William F. Mara and Mary E. Mara, Wilbur Bruce and Kim D. Wilson, Paul J. Queger and Bonnie Michelette, Anthony R. Dawson and Jill Dawson, Defendants.

Colorado Court of Appeals, Div. III.

January 22, 1981.

Attorney(s) appearing for the Case

Banta, Hoyt, Malone & Banta, P. C., R. Val Hoyt and Stephen G. Everall, Englewood, for plaintiff-appellee and cross-appellant.

Grant, Rotole, Owen & Walker, Larry L. Grant, Denver, for defendants-appellants and cross-appellees.

George Mabry, Littleton, Wallis Campbell, Lakewood, for amici curiae James Styers and Constance Styers.

VAN CISE, Judge.

Defendants Boyd, Carrier, DeFeo, Edwards, and Good appeal a judgment declaring a dedication of an easement to the plaintiff City of Greenwood Village (the city) for the benefit of the public. We affirm.

In September 1972, the city council amended its zoning ordinance and approved a plat and planned unit development (PUD) plan for a 160 acre parcel of land known as the Green Oaks subdivision. In February 1973, the council approved by resolution...

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