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DENARGO MARKET NEIGHBORS v. VISSER

No. 96CA1612.

956 P.2d 630 (1997)

DENARGO MARKET NEIGHBORS COALITION; Globeville Civic Association; Sherman Agency; Hal Naiman; Cynthia Chapman; Pam Stearman; Paulette Hirsch; Clyde Gagnon; Paulette Gagnon; and Isadore Kozatch, Plaintiffs-Appellants, v. VISSER REAL ESTATE INVESTMENTS, a Colorado general partnership; the Salvation Army, a non-profit corporation; the City and County of Denver, a municipal corporation; the Department of Zoning Administration for the City & County of Denver; Dorothy Nepa, in her official capacity as Zoning Administrator; the Board of Adjustment for Zoning Appeals for the City and County of Denver; Catherine A. Cheever, Virginia Martinez, Charles Cousins, Sharron Frank Klein, and Kevin Malloy, in their official capacities as members of the Board of Adjustment, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 28, 1997.

Certiorari Denied May 18, 1998.

Attorney(s) appearing for the Case

Senn Lewis Visciano & Strahle, P.C., Frank W. Visciano, Brian J. Reichel, Denver, for Plaintiffs-Appellants.

Gregory A. Ruegsegger, Denver, for Defendant-Appellee Visser Real Estate Investments.

Holme, Roberts & Owen, LLP, Lawrence L. Levin, Denver, for Defendant-Appellee the Salvation Army.

Daniel E. Muse, City Attorney, Thomas Bigler, Assistant City Attorney, Denver, for Defendants-Appellees City and County of Denver, the Department of Zoning Administration, Dorothy Nepa, the Board of Adjustments for Zoning Appeals, Catherine A. Cheever, Virginia Martinez, Charles Cousins, Sharron Frank Klein, and Kevin Malloy.

Opinion by Judge CRISWELL.

In this C.R.C.P. 106(a)(4) action, plaintiffs, consisting of various neighborhood associations and property owners (Denargo group), appeal from the judgment affirming the approval by the Denver Board of Adjustment for Zoning Appeals (Board) of the issuance of a permit to the defendant Salvation Army to operate a homeless shelter in a building located at the Denargo Market in Denver. We reverse.

At all times relevant to this dispute...

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