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RUSSELL v. CITY OF CENTRAL

No. 93CA1935.

892 P.2d 432 (1995)

William C. RUSSELL, Jr., Plaintiff-Appellant, v. CITY OF CENTRAL; City Council of the City of Central; and Central City Opera House Association, a Colorado nonprofit corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

February 9, 1995.

Attorney(s) appearing for the Case

Holley, Albertson & Polk, P.C., Scott D. Albertson, Eric E. Torgersen, George Alan Holley, Golden, for plaintiff-appellant.

Myers Hoppin Bradley & Devitt, P.C., Jon T. Bradley, Gregg W. Fraser, Denver, for defendants-appellees City of Central and City Council of City of Central.

Ballard Spahr Andrews & Ingersoll, C. Erika Zimmer, Bartlit Beck Herman Palenchar & Scott, Donald E. Scott, Denver, for defendant-appellee Central City Opera House Ass'n.

Opinion by Judge ROY.

Plaintiff, William C. Russell, Jr., appeals a judgment of the district court upholding the approval by the City Council of Central City (Board of Aldermen) of the special review use application of the Central City Opera House Association (CCOHA). The district court also dismissed plaintiff's action for declaratory judgment which sought to invalidate an amendment to the zoning ordinance upon which the special review use was predicated. We reverse...

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