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GRAMIGER v. COUNTY OF PITKIN

No. 88CA1599.

794 P.2d 1045 (1989)

Hans R. GRAMIGER, Plaintiff-Appellant, v. COUNTY OF PITKIN, Colorado, the Board of County Commissioners of the County of Pitkin, Colorado, Thomas J. Blake, member of the Board of County Commissioners, Robert W. Child, member of the Board of County Commissioners, Michael J. Kinsley, member of the Board of County Commissioners, Helen A. Kalin Klanderud, member of the Board of County Commissioners, George W. Madsen, member of the Board of County Commissioners, Bob Braudis, member of the Board of County Commissioners, Colette Penne, member of the Board of County Commissioners, and Fred Crowley, member of the Board of County Commissioners, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied March 8, 1990.

Certiorari Denied July 30, 1990.

Attorney(s) appearing for the Case

Keller, Dunievitz, Johnson & Wahlberg, Alex Stephen Keller, Denver, for plaintiff-appellant.

Thomas Fenton Smith, County Atty., Timothy E. Whitsitt, Asst. County Atty., Aspen, for defendants-appellees.

Opinion by Judge CRISWELL.

Plaintiff, Hans R. Gramiger, appeals from the judgment dismissing his declaratory judgment action against the defendant, County of Pitkin. He contends that the county is legally required to allow him to build a restaurant upon land owned by him, notwithstanding the county's adoption of a zoning resolution prohibiting such use, because (1) the final judgment in previous litigation between these two parties collaterally estops the county from...

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