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VILLA AT GREELEY, INC. v. HOPPER

No. 95CA1655.

917 P.2d 350 (1996)

The VILLA AT GREELEY, INC., Plaintiff-Appellee, v. Marvin HOPPER, Intervenor-Appellant, and Board of Commissioners, Weld County, Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

April 11, 1996.

Attorney(s) appearing for the Case

Otten, Johnson, Robinson, Neff & Ragonetti, P.C., J. Thomas MacDonald, William H. Brierly, Denver, Houtchens, Daniel & Greenfield, Kim Robert Houtchens, Greeley, for Plaintiff-Appellee.

Hayes, Phillips, Maloney & Haddock, John E. Hayes, Herbert C. Phillips, Denver, for Intervenor-Appellant.

Bruce T. Barker, County Attorney, Lee D. Morrison, Assistant County Attorney, Greeley, for Defendant-Appellee.

Opinion by Judge DAVIDSON.

Marvin Hopper, intervenor, appeals from a judgment of the trial court concerning interpretation of a vested property right of plaintiff, The Villa at Greeley, Inc. (developer), in a site specific development plan (PUD plan) approved by defendant, the Board of County Commissioners of Weld County (board). We reverse and remand.

In December 1993, the board approved a PUD plan submitted by developer for construction of a pre-parole facility...

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