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PENROSE HOSP. v. CITY OF COLORADO SPRINGS

No. 89CA2105.

802 P.2d 1167 (1990)

PENROSE HOSPITAL OF COLORADO SPRINGS, Colorado, a Non-Profit Corporation, Plaintiff-Appellant, v. The CITY OF COLORADO SPRINGS, Colorado, a Municipal Corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. A.

Rehearing Denied November 8, 1990.

Attorney(s) appearing for the Case

Donald E. LaMora, P.J. Anderson, Colorado Springs, for plaintiff-appellant.

James G. Colvin II, City Atty., Jackson L. Smith, Asst. City Attorney, Colorado Springs, for defendant-appellee.

Opinion by Judge NEY.

Penrose Hospital of Colorado Springs appeals the trial court's dismissal of its C.R. C.P. 106 proceeding. We reverse.

The trial court upheld the refusal by the Colorado Springs City Council to approve an amendment to the development plan submitted by Penrose. The proposed amendment would have permitted the establishment of a facility for adults suffering from substance abuse, a permitted use...

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