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LA PLATA COUNTY COM'RS v. BD. OF ADJ.

No. 86CA1336.

768 P.2d 1250 (1988)

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF LA PLATA, State of Colorado, Plaintiff-Appellant, v. The BOARD OF ADJUSTMENT OF the CITY OF DURANGO, Colorado; the City Council of the City of Durango; the City of Durango, Colorado, a Municipal Corporation; Cliff Bilyeu, in his Official capacity as the Building Inspector for the City of Durango, Colorado; and David J. Kovacs, in his Official Capacity as the Director of the Department of Community Development for the City of Durango, Colorado, Defendants-Appellees, and Karen Anesi, Don Schlighting and Susan Davies, Intervenors-Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

September 15, 1988.

Attorney(s) appearing for the Case

Steven J. Zwick, Durango, for plaintiff-appellant.

Smith & West, David P. Smith, Durango, for defendants-appellees.

NEY, Judge.

The Board of County Commissioners of La Plata County (County) appeals the district court's judgment declaring that the County's use of certain property it leased in Durango (City) was not immune or exempt from the City's zoning ordinance. It also appeals the court's judgment in the C.R.C.P. 106(a)(4) proceeding which determined that the Durango Board of Adjustment did not act arbitrarily or capriciously in denying an exemption from the zoning ordinance...

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