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BOARD OF COUNTY COM'RS v. MOGA

No. 96SC576.

947 P.2d 1385 (1997)

The BOARD OF COUNTY COMMISSIONERS OF LA PLATA COUNTY, Colorado, Petitioner, v. Thomas MOGA and Diedra Moga, Respondents.

Supreme Court of Colorado, En Banc.

November 10, 1997.

Attorney(s) appearing for the Case

McLachlan & Goldman, LLC, Michael E. McLachlan, Jeffery P. Robbins, Durango, for Petitioner.

Abadie & Zimsky, Lon W. Abadie, William E. Zimsky, Durango, for Respondents.

Justice KOURLIS delivered the Opinion of the Court.

This case raises the question of whether a dispute concerning a building variance issued by the La Plata County Board of Adjustments (BOA) must first be raised with the BOA itself rather than with the district court. Thomas and Diedra Moga brought a declaratory judgment action against the Board of Commissioners of La Plata County seeking a ruling that a variance issued by the BOA did not contain a height restriction...

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