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BOONE v. BOARD OF COUNTY COM'RS

No. 03CA1850.

107 P.3d 1114 (2004)

Greg and Mary BOONE, Plaintiffs-Appellees, v. BOARD OF COUNTY COMMISSIONERS, Elbert County, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied January 20, 2005.

Attorney(s) appearing for the Case

John Kokish, PC, John Kokish, Shannon L. Meddings, Castle Rock, Colorado, for Plaintiffs-Appellees.

Berg, Hill, Greenleaf & Ruscitti, LLP, Josh A. Marks, Heidi C. Potter, Boulder, Colorado, for Defendant-Appellant.

WEBB, J.

In this land use dispute, defendant, Elbert County Board of County Commissioners, appeals the trial court's partial summary judgment in favor of plaintiffs, Greg and Mary Boone, declaring Elbert County's rezoning regulations for parcels between 35 and 59.99 acres illegal on their face. We reverse and remand.

The following facts are undisputed. The Boones owned a tract of approximately 143 acres, which they divided into 4 separate parcels by quitclaim...

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