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EASON v. BOARD OF CTY. COM'RS OF BOULDER

No. 01CA0631.

70 P.3d 600 (2003)

W. Robert EASON, Plaintiff-Appellee and Cross-Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BOULDER, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. V.

March 27, 2003.

Attorney(s) appearing for the Case

French, Stone & Murphy, P.C., Joseph C. French, David M. Haynes, Boulder, Colorado, for Plaintiff-Appellee and Cross-Appellant.

H. Lawrence Hoyt, County Attorney, David Hughes, Assistant County Attorney, Boulder, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge CASEBOLT.

In this action for damages under 42 U.S.C. § 1983 (2002) and for review of a land use determination under C.R.C.P. 106(a)(4), defendant, the Board of County Commissioners of Boulder County, appeals the judgment in favor of plaintiff, W. Robert Eason. Eason has filed a conditional cross-appeal. We affirm in part, reverse in part, and remand for further proceedings.

In 1988, the County's land use department approved Eason's proposal...

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