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HIGBY v. BD. OF CTY. COM'RS OF EL PASO CTY.

No. 82CA1299.

689 P.2d 635 (1984)

William F. HIGBY, Personal Representative of the Estate of W.D. Higby, John Minahan, Richard Haymond, Barbara Roeming, and Emory Hightower, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF EL PASO; Tom Collier, Harvey Vieth, Arthur Herzberger, Terry Salt, Terry Harris, individually and in their official capacities as El Paso County Commissioners; Gary Construction, a California corporation; Tri-Lands Corporation, a Colorado corporation; and James Higby, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 5, 1984.

Certiorari Denied October 9, 1984.

Attorney(s) appearing for the Case

Cross, Gaddis, Kin & Quicksall, P.C., Thomas R. Cross, David L. Quicksall, Mary Hope, Colorado Springs, for plaintiffs-appellants.

Charles E. Berry, Colorado Springs, for defendant-appellee Board of County Com'rs of El Paso County.

Sparks, Dix, Enoch & Suthers, P.C., Kenneth Sparks, John W. Suthers, Colorado Springs, Alan N. Jensen, Pueblo, Philip J. Anderson, Colorado Springs, for defendants-appellees Gary Const., Tri-Lands Corp., and James Higby.

METZGER, Judge.

Plaintiff landowners seek to halt a major residential and industrial development proposal for northern El Paso County. They appeal a C.R.C.P. 106(a)(4) determination by the district court which upheld two rezoning applications submitted by defendant developers and approved by defendant Board of County Commissioners of El Paso County. We affirm.

In 1981 the developers submitted to the El Paso County Planning Commission three sketch plan applications...

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