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NATIONAL ADVERTISING v. BD. OF ADJUSTMENT

No. 89CA0071.

800 P.2d 1349 (1990)

NATIONAL ADVERTISING COMPANY, David S. Day, Larry Ales, R. Savageau Limited Partnership, R.V., Inc., All Right Properties, Inc., Bernard Blecker, Irving Hayutin, CHSB, Inc., All Right Properties, Inc. a/k/a Austin Black and White Service No. 1, Inc., Harold Levy, Kenneth J. Zoetway, Billy J. Mercer, Wyoma Mercer, Walter G. Schill, Georgia Berger, Gibralter Realty Co., Frances W. Phelps, Sam S. Silver and Mildred S. Silver, Petitioners-Appellees, v. The BOARD OF ADJUSTMENT (ZONING) OF the CITY AND COUNTY OF DENVER and Ernest C. Capillupo, Frana L. Mace, Charles R. Cousins, Robert Tabor Booms and Kathryn Cheever, Individually and as Members of the Board of Adjustment (Zoning) of the City and County of Denver, Dorothy Nepa, as Zoning Administrator of the City and County and the City and County of Denver, Respondents-Appellants.

Colorado Court of Appeals, Div. II.

October 11, 1990.

Attorney(s) appearing for the Case

Alan A. Armour, Littleton, Darrel L. Campbell, Denver, for petitioners-appellees.

Stephen H. Kaplan, City Atty., Robert M. Kelly and Karen A. Aviles, Asst. City Attys., Denver, for respondents-appellants.

Judge TURSI.

This is an appeal by the City and County of Denver, its Board of Adjustment-Zoning (Board), the Board members individually, and the Denver Zoning Administrator from a summary judgment entered by the district court invalidating certain orders of the Denver Department of Zoning Administration which required petitioners to cease and desist from violating the 45-foot height limitation for billboards located within Denver. We reverse and remand.

Petitioners...

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