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MOUNTAIN GRAVEL & CONST. v. CITY OF CORTEZ

No. 84CA1317.

721 P.2d 698 (1986)

MOUNTAIN GRAVEL AND CONSTRUCTION COMPANY, a Colorado corporation, Plaintiff-Appellant, v. CITY OF CORTEZ, a Colorado municipal corporation, William Mollenkopf, Mayor Michael Rust, Helen McClellan, Bruce Clark, Billy Smart, Jerry Brunk, and Jerry Wiltgen, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

May 29, 1986.

Attorney(s) appearing for the Case

E.M. Davis, Dolores, for plaintiff-appellant.

Dilts, Dyer, Fossum & Hatter, P.C., Clifford C. Fossum, Cortez, Shand, McLachlan & Malick, P.C., Michael E. McLachlan, Durango, for defendants-appellees.

PIERCE, Judge.

Plaintiff, Mountain Gravel and Construction Company (Mountain Gravel), appeals from a summary judgment entered in favor of defendants (City), and from dismissal of plaintiff's claim for damages. We affirm.

The city granted a building permit to Mountain Gravel in November of 1982, and Mountain Gravel began construction on a hot-mix plant. Subsequently, after a complaint was filed by homeowners from a residential area overlooking the plant, and...

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