No. 81CA0827.

648 P.2d 175 (1982)

Gene WINTERS, Pat Winters and Rosemary Ardelt, individually and d/b/a Acme Tree Service, Plaintiffs-Appellants, v. CITY OF COMMERCE CITY, a Municipal Corporation; Board of Adjustment of the City of Commerce City and Members Thereof; Fred Timmerman, City Manager; Gordon Aleshire, Chief Building Inspector; Steven House, Community Development Director; and Jesse Evans, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 22, 1982.

Attorney(s) appearing for the Case

Berger & Rothstein, P. C., David Berger, Commerce City, for plaintiffs-appellants.

Deisch & Marion, P. C., Brad W. Breslau, Denver, for defendants-appellees.

TURSI, Judge.

Plaintiffs appeal a summary judgment dismissing their second, third, and fourth claims for relief against defendants which sought declaratory relief, compensatory and exemplary damages, and costs for the denial of a building permit to construct a building on their property. We reverse in part and affirm in part.

In 1976, plaintiffs, doing business as Acme Tree Service, applied for a rezoning of the property from a split-zoned residential-2 (R...

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