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RICH v. CITY OF ENGLEWOOD

No. 81CA0497.

657 P.2d 961 (1982)

Albert R. RICH, Marilyn H. Rich, Wilson W. Henderson, Margaret E. Henderson, Francis G. Heathman, Judy A. Heathman, Robert I. Brown, Mary S. Brown, Robert L. Hunt, Sally L. Hunt, Derrell Moran, and Dorothy Moran, Plaintiffs-Appellees, v. CITY OF ENGLEWOOD, a municipal corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 26, 1982.

Certiorari Granted February 7, 1983.

Attorney(s) appearing for the Case

Miller & Leher, Robert C. Leher, Littleton, for plaintiffs-appellees.

Deisch & Marion, P.C., Brad W. Breslau, Denver, George L. Zoellner, Aurora, Rick DeWitt, City Atty., Englewood, for defendant-appellant.

Banta, Hoyt, Malone & Banta, P.C., J. Mark Hannen, Stephen G. Everall, Englewood, for amicus curiae City of Greenwood Village.

VAN CISE, Judge.

This case involves the alleged non-compliance by the defendant, City of Englewood (the city), with its own zoning ordinance. The city appeals an order preliminarily enjoining it from proceeding further with the construction or utilization of a water tower and an order denying its motion to dissolve the preliminary injunction. We affirm.

The city constructed, but because of this litigation has not...

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