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CITY OF ENGLEWOOD v. RICH

No. 82SC345.

686 P.2d 780 (1984)

CITY OF ENGLEWOOD, a municipal corporation, Petitioner, v. 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, Respondents.

Supreme Court of Colorado, En Banc.

August 20, 1984.

Attorney(s) appearing for the Case

Rick DeWitt, City Atty., Thomas V. Holland, David J. Menzies, Asst. City Attys., Brad Breslau, Sp. Asst. City Atty., Englewood, for petitioner.

Robert C. Leher, Miller & Leher, Littleton, for respondents.

DUBOFSKY, Justice.

We granted certiorari to review the Court of Appeals' judgment in City of Englewood v. Rich, 657 P.2d 961 (Colo.App. 1982) which affirmed a district court order enjoining operation of a water tower built by the City of Englewood in violation of Englewood's zoning ordinances. We vacate the judgment and remand the case for the district court to consider an amendment to the ordinance.

In April of 1980...

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