GLENNON HEIGHTS, INC. v. CENTRAL BANK & TRUST

No. 81SA347.

658 P.2d 872 (1983)

GLENNON HEIGHTS, INC., a Colorado Non-Profit Corporation; Edward Morin, and Linda Morin, Bryan Darnell and Elizabeth Darnell, Joseph Hartman and Leora Hartman, Allan Van Inwegen and Eleanor Van Inwegen, Plaintiffs-Appellants, v. CENTRAL BANK & TRUST, Trustee; The State of Colorado; Dr. Raymond Leidig, Executive Director, Department of Institutions, State of Colorado; The City of Lakewood, a Municipal Corporation, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 7, 1983.


Attorney(s) appearing for the Case

Bailey, Wilson, Wagenhals & Finegan, Walter L. Wagenhals, Lakewood, for plaintiffs-appellants.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., William Higgins, Asst. Atty. Gen., Denver, for defendants-appellees State of Colo. and Dr. Raymond Leidig.


LOHR, Justice.

The plaintiffs sought an order restraining the defendants from constructing and operating two group homes for the institutional care of developmentally disabled persons in a residential zoning district in Lakewood, Colorado. The Jefferson County District Court entered a judgment dismissing the complaint, and the plaintiffs appealed. We affirm the judgment of the district court.

The undisputed facts as presented in the parties' pleadings and...

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