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CHERRY HILLS RESORT v. CHERRY HILLS VILLAGE

No. 83CA0428.

720 P.2d 992 (1986)

CHERRY HILLS RESORT DEVELOPMENT COMPANY, a Colorado limited partnership; Temple H. Buell, as Trustee and beneficiary under the Temple H. Buell Trust, and Richard L. Nathan, as trustee under the Temple H. Buell Trust, Plaintiffs-Appellees, v. The CITY OF CHERRY HILLS VILLAGE; the City of Cherry Hills Village City Council; Robert St. Clair, Roy A. Watts, Theodore B. Washburne, George Anderman, Ann M. Polumbus, Donald J. Egan and Merle Chambers, as present members of the City of Cherry Hills Village City Council, Defendants-Appellants, and Gary A. Agron and Thomas J. Hilb, Intervenors-Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 10, 1986.

Certiorari Granted June 9, 1986.

Attorney(s) appearing for the Case

Holme, Roberts & Owen, G. Kevin Conwick, Lawrence L. Levin, Larry S. Schwartz, Amelie A. Buchanan, Englewood, for plaintiff-appellee Cherry Hills Resort Development Co.

Davis, Graham & Stubbs, Robert L. Morris, Edwin G. Winstead, Allan L. Hale, Denver, for defendant-appellant The City of Cherry Hills Village.

Arnold & Porter, Norton F. Tennille, Jr., Andre M. Reiman, Mark H. Boscoe, Denver, for intervenors-defendants-appellants.

Certiorari Granted (Company) June 9, 1986.

PIERCE, Judge.

The Cherry Hills Resort Development Company (developer) submitted to the City of Cherry Hills Village City Council (Village) a master plan containing two alternative plans for the development of a resort hotel. It requested a preliminary approval of either of the plans prior to proceeding with the preparation of its final and complete plans to be ultimately submitted to the Village for approval. Under...

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