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FEDDER v. McCURDY

Nos. 85CA1221, 85CA1228.

768 P.2d 711 (1988)

Bruce FEDDER, Marsha Fedder, Don Anderson, Ann Anderson, Bob G. Fullen, Dave Padgett, Lynn Padgett, Ed West, Ronnie West, Bob Hoefer, May Lou Hoefer, Steve Beasley, and Joan Beasley, Plaintiffs-Appellees, v. Francis McCURDY, Sonya Blackstock and Suzy McDanal, as Members of the Board of County Commissioners of the County of Douglas, State of Colorado, and as Members of the Board of Adjustment of the County of Douglas, State of Colorado, Lewis Christiansen, Theresa Christiansen as Members of the Board of Adjustment of the County of Douglas, State of Colorado, and Mobile Premix Concrete, Inc., Defendants-Appellants. Bruce FEDDER, Marsha Fedder, Don Anderson, Ann Anderson, Bob G. Fullen, Dave Padgett, Lynn Padgett, Ed West, Ronnie West, Bob Hoefer, May Lou Hoefer, Steve Beasley, and Joan Beasley, Plaintiffs-Appellees, v. MOBILE PREMIX CONCRETE, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing July 14, 1988.

Certiorari Denied February 6, 1989.

Attorney(s) appearing for the Case

Loser, Davies, Magoon & Fitzgerald, Ronald S. Loser, Denver, for plaintiffs-appellees.

James K. Kreutz & Associates, P.C., James K. Kreutz, Daniel J. Torpy, Englewood, for respondents-appellants Bd. of County Com'rs of Douglas County, State of Colo. and Bd. of Adjustment of Douglas County, State of Colo.

Dayton Denious, Denver, Folkestad & Kokish, Ernest F. Fazekas, II, Davis S. TenBrook, Castle Rock, for respondent-appellant Mobile Premix Concrete, Inc.

METZGER, Judge.

Mobile Premix Concrete, Inc. (Mobil Premix), the Douglas County Board of County Commissioners, and the Douglas County Board of Adjustment appeal the trial court's judgment which reversed both a decision by the County Commissioners granting an application to rezone a parcel of land, and a decision by the Douglas County Board of Adjustment granting a height variance to Mobil Premix. Appellants argue that: 1) the plaintiffs lack standing to pursue this...

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