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CHERRY HILLS RESORT v. CHERRY HILLS VILLAGE

No. 86SC156.

757 P.2d 622 (1988)

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, Petitioners, 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, Respondents, and Gary A. Agron and Thomas J. Hilb, Intervenors-Respondents.

Supreme Court of Colorado, En Banc.

June 6, 1988.

Attorney(s) appearing for the Case

Holme Roberts & Owen, Lawrence L. Levin, Pamela J. Strauss, Englewood, for petitioner, Cherry Hills Resort Development Co.

Greengard, Blackman & Senter, Richard D. Greengard, Denver, for petitioners, Temple H. Buell and Richard L. Nathan.

Morris & Lower, Robert L. Morris, P. Kathleen Lower, Denver, for respondents.

QUINN, Chief Justice.

We granted certiorari to review the decision of the court of appeals in Cherry Hills Resort Development Co. v. City of Cherry Hills Village, 720 P.2d 992 (Colo.App.1986), dismissing an appeal by the City of Cherry Hills Village and its City Council to review a judgment entered in a C.R.C.P. 106(a)(4) proceeding and remanding the case to the district court with directions to dismiss the complaint. The court...

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