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STUART v. BD. OF COUNTY COM'RS, LARIMER CTY.

No. 84CA0065.

699 P.2d 978 (1985)

Kimbel J. STUART and Michael M. Miyagishima, Petitioners-Appellants and Cross-Appellees, v. The BOARD OF COUNTY COMMISSIONERS, COUNTY OF LARIMER, State of Colorado, Larimer County, Colorado, Planning Commission; Jim Caufield, Shirley Feree, Jean Johnson, Marrian Maggi, Frances Moore, Howard Norman, Bob Street, Paul Van Horn, and West Westfall, Respondents-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. I.

March 21, 1985.

Attorney(s) appearing for the Case

Wyatt and Martell, James A. Martell, Fort Collins, for petitioners-appellants and cross-appellees.

Harden, Schmidt & Hass, P.C., George H. Hass, Fort Collins, for respondents-appellees and cross-appellants.

PIERCE, Judge.

Petitioners, Kimbel J. Stuart and Michael M. Miyagishima, appeal from the judgment of the district court dismissing their complaint. The trial court found that the Larimer County Planning Commission (Commission) was acting in a judicial or quasi-judicial capacity when it denied petitioners' application to amend the Larimer County Land Use Plan. Thus, it ruled that the Commission's decision was reviewable under C.R.C.P. 106(a)(4). The court found that...

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