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PENNOBSCOT, INC. v. BOARD OF COUNTY COM'RS

No. 80SC340.

642 P.2d 915 (1982)

PENNOBSCOT, INC., a Colorado Corporation, and Fred Ramsey, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 22, 1982.

Attorney(s) appearing for the Case

Erin L. Fernandez, Jon K. Mulford, Aspen, for plaintiffs-appellants.

Sandra M. Stuller, Aspen, for defendant-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Marshall D. Brodsky, Asst. Atty. Gen., Denver, for amicus curiae Atty. Gen. in support of the Bd. of County Commissioners.

ROVIRA, Justice.

Pennobscot, Inc., and Fred Ramsey (petitioners) brought an action seeking declaratory relief in the District Court of Pitkin County. They challenge the authority of the Board of County Commissioners (County) to adopt Pitkin County Resolution 74-115 amending the county subdivision regulations to include within their scope the dividing of a tract of real estate into parcels, each comprising thirty-five or more acres, none of which is intended for use...

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