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LUCK v. BOARD OF COUNTY COM'RS

No. 88CA1886.

789 P.2d 475 (1990)

David LUCK, Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF CLEAR CREEK, Colorado; Peggy Stokstad, individually; Peter Kenney, individually; Nelson Fugate, individually; and I. Thomas Baran, Jr. and Frances M. Baran, d/b/a Colorado Counseling, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 22, 1990.

Attorney(s) appearing for the Case

G.E. Shields, P.C., G.E. Shields, Lakewood, for plaintiff-appellant.

Vranesh and Raisch, John R. Henderson and Brian M. Nazarenus, Boulder, for defendants-appellees I. Thomas Baran, Jr. and Frances M. Baran, d/b/a Colorado Counseling.

No appearance for defendants-appellees Bd. of County Com'rs, Peggy Stokstad, Peter Kenney and Nelson Fugate.

Opinion by Judge PIERCE.

Plaintiff, David Luck, appeals from a district court judgment that dismissed his complaint challenging a rezoning action as being untimely filed. We reverse and remand for further proceedings.

The landowners, defendants I. Thomas Baran, Jr., and Frances M. Baran, filed an application with the county seeking to have their property rezoned from mountain residential-one (MR-1) to planned development (PD). Public hearings on the rezoning...

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