MARSHALL v. CITY OF ASPEN

No. 93CA1001.

892 P.2d 394 (1994)

Ronnie MARSHALL, Plaintiff-Appellant, v. The CITY OF ASPEN and Aspen Planning and Zoning Commission, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 29, 1994.

Certiorari Granted April 10, 1995.


Attorney(s) appearing for the Case

Garfield & Hecht, P.C., Patrick D. McAllister, Aspen, for plaintiff-appellant.

John P. Worcester, City Atty., Aspen, for defendants-appellees.


Opinion by Judge MARQUEZ.

Plaintiff, Ronnie Marshall, appeals a judgment entered in favor of defendants, City of Aspen and Aspen Planning and Zoning Commission, dismissing her complaint filed pursuant to C.R.C.P. 106(a)(4) and granting an injunction ordering the cessation of use of a spa and deck and its removal from her property. We reverse the dismissal, vacate the injunction, and remand with directions.

In the spring of 1990, plaintiff constructed a spa...

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