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CITY OF ASPEN v. MARSHALL

No. 94SC650.

912 P.2d 56 (1996)

The CITY OF ASPEN and Aspen Planning and Zoning Commission, Petitioners, v. Ronnie MARSHALL, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 25, 1996.

Attorney(s) appearing for the Case

John P. Worcester, City Attorney, David E. Bellack, Assistant City Attorney, Aspen, for Petitioners.

Garfield & Hecht, P.C., Patrick D. McAllister, Aspen, for Respondent.

David W. Broadwell, Denver, for Amicus Curiae Colorado Municipal League.

Justice ERICKSON delivered the Opinion of the Court.

In spring of 1990, Ronnie Marshall built a hot tub and deck in her back yard, located above Hallam Lake in Aspen, Colorado. Thereafter, Marshall applied for a building permit, and the Aspen Planning and Zoning Commission (the Commission) denied Marshall's application. Marshall sought review of that denial in the district court. The district court denied relief, granted summary judgment in favor of the City of Aspen...

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