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ZONING BD. OF ADJUSTMENT v. DeVILBISS

No. 84SC318.

729 P.2d 353 (1986)

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 Members 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, Petitioners, v. J.E. DeVILBISS, Respondent.

Supreme Court of Colorado, En Banc.

December 8, 1986.

Attorney(s) appearing for the Case

Davis, Graham & Stubbs, Richard P. Holme, Denver, Charles H. Willman, Glenwood Springs, for petitioner Snowmass Coal Co.

Holme Roberts & Owen, Lawrence L. Levin, Denver, for petitioner The Anschutz Corp.

Earl G. Rhodes, Grand Junction, Steven J. Zwick, Glenwood Springs, for all other petitioners.

Gerald D. Hartert, Glenwood Springs, for respondent.

QUINN, Chief Justice.

We granted certiorari to review the decision of the court of appeals in DeVilbiss v. Zoning Board of Adjustment, 690 P.2d 260 (Colo.App.1984), which held that the failure of a plaintiff to seek temporary or preliminary injunctive relief in connection with a C.R.C.P. 106 challenge to a zoning variance, which authorized the construction of a coal-loading facility...

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