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IBC DENVER II, LLC. v. CITY OF WHEAT RIDGE

No. 06CA2534.

183 P.3d 714 (2008)

IBC DENVER II, LLC, a Delaware limited liability company, Plaintiff-Appellant, v. CITY OF WHEAT RIDGE, a Colorado municipal corporation, and City Council of the City of Wheat Ridge, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

April 3, 2008.

Attorney(s) appearing for the Case

Brownstein Hyatt Farber Shreck, P.C., Wayne F. Forman, Mark J. Mathews, Victoria O. Williams, Denver, Colorado, for Plaintiff-Appellant.

Light, Harrington & Dawes, P.C., Steven J. Dawes, Sophia H. Tsai, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge J. JONES.

In this C.R.C.P. 106(a)(4) proceeding, IBC Denver II, LLC (IBC) appeals from the district court's judgment affirming the City of Wheat Ridge City Council's denial of its application for rezoning. We affirm.

I. Background

IBC owns a 14.58-acre parcel of land located in Wheat Ridge, Colorado (the property). The property is the former site of the Jolly Rancher candy manufacturing plant, which ceased operations in 2002. IBC...

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