WHATLEY v. SUMMIT COUNTY BD. OF CTY. COM'RS

No. 01CA2293.

77 P.3d 793 (2003)

Alfred T. WHATLEY and Mary Siekman, Plaintiffs-Appellants, v. SUMMIT COUNTY BOARD OF COUNTY COMMISSIONERS, Gary M. Lindstrom, Tom Long, William Wallace, their predecessors Joe Sands and Marsha Osborne and their successors; Summit County Upper Blue Planning Commission, Bobby Craig, Verna Enyeart, Leigh Girvin-Yule, Randy Griffin, Dawn Smith, Jim Stover and Mike Turek and their successors, all individually and in their capacity as members of said commissions; Brian Peters, individually and in his capacity as former Summit County Planning Director and any successors; Bud & Dot, L.L.L.P., a Colorado Limited Partnership; Gary Carlston and Nancy Carlston, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 1, 2003.

Certiorari Denied October 6, 2003.


Attorney(s) appearing for the Case

Susan Morath Horner, Boulder, Colorado, for Plaintiffs-Appellants.

Hall & Evans, L.L.C., Josh A. Marks, Melanie B. Lewis, Denver, Colorado, for Defendants-Appellees, Summit County Board of County Commissioners and it members, Summit County Upper Blue Planning Commission and its members, and Brian Peters.

Berg Hill Greenleaf & Ruscitti, L.L.P., George V. Berg, Jr., Heidi C. Potter, Boulder, Colorado, for Defendants-Appellees Bud & Dot L.L.L.P., Gary Carlston, and Nancy Carlston.


Opinion by Judge JONES.

In this action, for relief under 42 U.S.C. § 1983, and for declaratory and injunctive relief under C.R.C.P. 57 and 65, plaintiffs, Alfred T. Whatley and his wife, Mary Siekman (the Whatleys), appeal the summary judgment entered against them and in favor of all defendants, the Summit County Board of County Commissioners and its members, Summit County Upper Blue Planning Commission and its members, and Director of Planning Brian Peters ...

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