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BENTLEY v. VALCO, INC.

No. 85CA1230.

741 P.2d 1266 (1987)

Virgil L. BENTLEY; Patricia E. Bentley; VLB Enterprises, Ltd., a Colorado corporation; Paul J. Keohane; Linda C. Keohane; Edward Megel, Jr.; Lavern M. Megel; Robert M. Miller; Mary W. Miller; Jack B. Moore; Geraldine H. Moore; Richard E. Nailor; Lorna M. Nailor; and N. Lamar Todd, d/b/a Todd Construction Company, Plaintiffs-Appellees, v. VALCO, INC., a Colorado corporation, Defendant-Appellant, and The Board of County Commissioners In and For the County of Fremont; Roy Canterbury, Gale Decker, John F. Vrtis, in their official capacity as Fremont County Commissioners, Defendants.

Colorado Court of Appeals, Div. III.

July 30, 1987.

Attorney(s) appearing for the Case

Cross, Gaddis, Kin & Quicksall, P.C., Thomas R. Cross, Colorado Springs, for plaintiffs-appellees.

Mitchell & Mitchell, P.C., Rexford L. Mitchell, Rocky Ford, for defendant-appellant.

VAN CISE, Judge.

Plaintiffs brought this C.R.C.P. 106(a)(4) action in the district court to review the decision of the defendant Fremont County Board of County Commissioners (board) granting the application of defendant Valco, Inc. (Valco) for a special use permit allowing strip mining for sand and gravel in an area zoned agricultural. The court reversed, and Valco appeals. We reverse.

Valco submitted two applications for special use permits, one to strip...

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