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FRIENDS OF BLACK FOREST v. COUNTY COM'RS

No. 01CA2253.

80 P.3d 871 (2003)

FRIENDS OF THE BLACK FOREST REGIONAL PARK, INC., a Colorado nonprofit corporation; Dennis Hartley and Deborah Hartley, individually; James Fine and Jennifer Fine, individually; and Raymond A. Miller and Cynthia L. Miller, individually, Plaintiffs-Appellees, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF EL PASO, Defendant-Appellant, and Concerning Kings Deer Development, LLC, a Colorado limited liability company, Intervenor-Appellant.

Colorado Court of Appeals, Div. III.

Certiorari Denied December 1, 2003.

Attorney(s) appearing for the Case

Sparks Willson Borges Brandt & Johnson, P.C., Kenneth Sparks, Stephen A. Hess, Colorado Springs, Colorado, for Plaintiffs-Appellee.

Michael A. Lucas, County Attorney, Jay A. Lauer, Assistant County Attorney, Colorado Springs, Colorado, for Defendant-Appellant.

Anderson, Dude & Lebel, P.C., Lenard Rioth, Bennie H. South, Colorado Springs, Colorado, for Intervenor-Appellant.

Opinion by Judge ROY.

Defendant, Board of County Commissioners of the County of El Paso, Colorado (county), and intervenor, Kings Deer Development, LLC (developer), appeal the trial court's judgment in favor of plaintiffs, Friends of the Black Forest Regional Park, Inc., Dennis and Deborah Hartley, James and Jennifer Fine, and Raymond and Cynthia Miller. We affirm.

This case concerns a determination of the permitted uses of property described as the W 1/2...

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