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DeVILBISS v. ZONING BD. OF ADJ. OF GARFIELD CTY.

No. 83CA0624.

690 P.2d 260 (1984)

J.E. DeVILBISS, Plaintiff-Appellant, v. The ZONING BOARD OF ADJUSTMENT OF GARFIELD COUNTY, Colorado; Peter M. Cabrinha, Mary F. Odell, John W. Tripp, Marvin H. Wambolt, and Allan Bowles, All In Their Capacity As The Individual Member of The Zoning Board of Adjustment of Garfield County, Colorado; the Board of County Commissioners of Garfield County, Colorado; W.C. Milner, As Building Official of Garfield County, Colorado; Snowmass Coal Company, a General Partnership, and the Anschutz Corporation, a Kansas Corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied June 28, 1984.

Certiorari Granted November 5, 1984.

Attorney(s) appearing for the Case

Gerald D. Hartert, Glenwood Springs, for plaintiff-appellant.

Davis, Graham & Stubbs, Richard P. Holme, Denver, for defendants-appellees Zoning Bd. of Adjustments.

Earl Rhodes, Glenwood Springs, for defendant-appellee Garfield County.

Holme, Roberts & Owen, Lawrence L. Levin, Englewood, for defendant-appellee The Anschutz Corp.

TURSI, Judge.

J.E. DeVilbiss, plaintiff, appeals the trial court's judgment dismissing as moot his action challenging the approval by defendant Zoning Board of Adjustment of Garfield County (Zoning Board) of a height variance for a coal loadout facility. We reverse.

In April 1980, defendant Snowmass Coal Company (Snowmass) applied for a special use permit for the construction of a coal loadout facility 55 feet in height. The applicable zoning regulations of...

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