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DANIELSON v. ZONING BD. OF ADJUSTMENT

No. 89SA418.

807 P.2d 541 (1990)

John R. DANIELSON, individually and d/b/a Commerce City Business Center, and Commerce City Business Center, Plaintiffs-Appellees, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF COMMERCE CITY; Ralph Thompson, David Mitchell, Gene Crusan, Shirley Juhl and Roland Cole, individually and as members of the Zoning Board of Adjustment of the City of Commerce City; Steve House, Director of Community Development of the City of Commerce City; Brad Schol, Planning Coordinator of the City of Commerce City; Jon Stein, Planner II of the City of Commerce City; and the City of Commerce City, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

December 24, 1990.

Attorney(s) appearing for the Case

Wendelyn K. Walberg, Walberg, Dagner & Loyd, P.C., Englewood, for plaintiffs-appellees.

Steven J. Dawes, Greengard Senter Goldfarb & Rice, Denver, and Thomas E. Merrigan, Gehler & Merrigan, Commerce City, for defendants-appellants.

Justice MULLARKEY delivered the Opinion of the Court.

This is a direct appeal pursuant to section 13-4-102(1)(b), 6A C.R.S. (1987), challenging a decision by the Adams County District Court which held unconstitutional a portion of a Commerce City zoning ordinance. Because the complaint, filed under C.R.C.P. 106(a)(4),1 was not timely filed within thirty days as required by C.R.C.P. 106(b),

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