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CITY AND CO. OF DENVER v. BD. OF ADJUSTMENT

No. 01CA0762.

55 P.3d 252 (2002)

CITY AND COUNTY OF DENVER, a Colorado municipal corporation, and its Department of Zoning Administration; Brian Volkman; and AGR, LLC, Plaintiffs-Appellees, v. The BOARD OF ADJUSTMENT FOR the CITY AND COUNTY OF DENVER and David P. Spencer, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Certiorari Denied October 15, 2002.

Attorney(s) appearing for the Case

J. Wallace Wortham, Jr., Denver City Attorney, Patrick A. Wheeler, Assistant City Attorney, Denver, Colorado, for Plaintiff Appellee City and County of Denver and its Department of Zoning Administration.

Banks & Imatani, P.C., Edward Imatani, Lakewood, Colorado, for Plaintiffs-Appellees Brian Volkman and AGR, LLC.

Peterson Dymond Reagor, LLP, David D. Schlachter, Englewood, Colorado, for Defendant-Appellant.

Opinion by Judge ROY.

In this proceeding pursuant to C.R.C.P. 106(a)(4) brought by plaintiffs, City and County of Denver, Brian Volkman, and AGR, LLC (developer), defendant, David P. Spencer (neighbor), appeals from a district court judgment reversing an order of the Board of Adjustment of the City and County of Denver (board) revoking developer's zoning permit. We reverse and remand.

This case concerns the construction of a multifamily residential development...

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