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LIEB v. TRIMBLE

No. 07CA0417.

183 P.3d 702 (2008)

Benjamin B. LIEB, an individual, Plaintiff-Appellant, v. Dixie TRIMBLE, solely in her official capacity as member of the Board of Adjustment for Zoning Appeals for the City and County of Denver; Penny Elder, solely in her official capacity as member of the Board of Adjustment for Zoning Appeals for the City and County of Denver; the Department of Zoning Administration for the City and County of Denver; and Kent Strapko, solely in his official capacity as Zoning Administrator for the City and County of Denver, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

April 3, 2008.

Attorney(s) appearing for the Case

Benjamin B. Lieb, Denver, Colorado, for Plaintiff-Appellant.

David R. Fine, City Attorney, Jennifer M. Weflen, Assistant City Attorney, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge LOEB.

In this C.R.C.P. 106(a)(4) proceeding, plaintiff, Benjamin B. Lieb, appeals from a district court judgment upholding the decision of the Board of Adjustment for Zoning Appeals for the City and County of Denver, which upheld the Denver Department of Zoning Administration's refusal of Lieb's request to take action against a small residential care facility. We affirm.

I. Background

As pertinent here, Lieb requested the Department...

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