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SHERMAN v. CITY OF COLORADO SPRINGS, ETC.

No. 82CA0759.

680 P.2d 1302 (1983)

Marvin SHERMAN and Marie Sherman, Petitioners-Appellants, v. The CITY OF COLORADO SPRINGS PLANNING COMMISSION and the City Council of the City of Colorado Springs, Respondents-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 22, 1983.

Certiorari Denied May 21, 1984.

Attorney(s) appearing for the Case

Hayden W. Kane, Mark H. Kane, Colorado Springs, for petitioners-appellants.

James G. Colvin, II, City Atty., Jackson L. Smith, Asst. City Atty., Colorado Springs, for respondents-appellees.

TURSI, Judge.

Plaintiffs, land developers Marvin and Marie Sherman, appeal the district court's order denying them relief from the rejection of their condominium development plan by the City Council of Colorado Springs (City). Approval of the development plan was a condition precedent to obtaining their desired building permit. Because we agree with the Shermans' contentions that the City's zoning ordinances were unconstitutionally applied and that mandamus relief...

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