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BUCK v. PARK

No. 91CA1211.

839 P.2d 498 (1992)

Elizabeth B. BUCK, Gaylord B. Buck, and Gaylord B. Buck, III, Plaintiffs-Appellants, v. Virginia PARK, David Little, Gordon Lewis, Roger Simmons, and James Schmidt, individually and as members of the Board of Adjustment; Margaret Cunningham, Virginia Park, Nancy Zimmerman, George Hadji, Jack North, John Osborn, and Richard Slivka, individually and as members of the Planning and Zoning Commission of and for the City of Cherry Hills Village, Colorado; and the City of Cherry Hills Village, Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied July 23, 1992.

Certiorari Denied November 16, 1992.

Attorney(s) appearing for the Case

A.A. Lee Hegner, Denver, for plaintiffs-appellants.

Morris, Rudy & Lower, Robert L. Morris, P. Kathleen Lower, Denver, for defendants-appellees.

Greengard Senter Goldfarb & Rice, Thomas S. Rice, Denver, for defendants-appellees (on the briefs).

Opinion by Judge RULAND.

Plaintiffs, Elizabeth B. and Gaylord B. Buck, and Gaylord B. Buck, III, own lots in the City of Cherry Hills. Following a denial by defendant Board of Adjustment of applications to grant some of the lots a non-conforming status or to grant a variance for construction of single-family residences, plaintiffs filed an application to rezone the lots from a residential classification to a commercial classification. Defendant Planning and Zoning...

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