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ZWEYGARDT v. BOARD OF CTY. COM'RS OF ELBERT

No. 06CA2197.

190 P.3d 848 (2008)

Delmer ZWEYGARDT and Delmer and La Vonne Zweygardt Trust, Plaintiffs-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ELBERT, State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

June 26, 2008.

Attorney(s) appearing for the Case

Law Office of Anthony J. DiCola, Anthony J. DiCola, Hot Sulphur Springs, Colorado, for Plaintiffs-Appellants.

Berg Hill Greenleaf & Ruscitti, LLP, Josh A. Marks, Melanie B. Lewis, Boulder, Colorado, for Defendant-Appellee.

Opinion by Judge CASEBOLT.

In this action concerning the authority of a county to regulate a private access road, plaintiffs, Delmer Zweygardt, and the Delmer and La Vonne Zweygardt Trust, appeal the summary judgment in favor of defendant, the Board of County Commissioners of the County of Elbert (County). The judgment determined that the County has the authority to require that the road comply with the County's fire code and its access requirements. We reverse and...

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