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LOT THIRTY-FOUR VENTURE v. TELLURIDE

No. 96CA2158.

976 P.2d 303 (1998)

LOT THIRTY-FOUR VENTURE, L.L.C., Plaintiff-Appellant and Cross-Appellee, v. TOWN OF TELLURIDE, Colorado, a municipal corporation, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied July 23, 1998.

Certiorari Granted May 17, 1999.

Attorney(s) appearing for the Case

Herbert S. Klein & Associates, P.C., Herbert S. Klein, Aspen, Colorado, for Plaintiff-Appellant and Cross-Appellee

Alperstein & Covell, P.C., Edward M. Caswall, Denver, Colorado, for Defendant-Appellee and Cross-Appellant

Opinion by Judge PIERCE.*

Plaintiff, Lot Thirty-Four Venture, L.L.C., appeals from a summary judgment that found in favor of defendant on two of plaintiff's claims for relief and that dismissed three additional claims. We reverse and remand for further proceedings.

In June 1994, plaintiff acquired title to Lots 34 and 34B located within an AC-2 zone in the town of Telluride (Town). At the time plaintiff purchased the lots, the...

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