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BERGER v. CITY OF BOULDER

No. 07CA0410.

195 P.3d 1138 (2008)

Brett BERGER and Thunderbird Burgers, LLC, Plaintiffs-Appellees, v. CITY OF BOULDER and Boulder City Council, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 18, 2008.

Attorney(s) appearing for the Case

Lopez Law Firm, Richard V. Lopez, Boulder, Colorado, for Plaintiffs-Appellees.

Ariel Pierre Calonne, City Attorney, Jerry P. Gordon, Assistant City Attorney, Sandra M. Llanes, Assistant City Attorney, Boulder, Colorado, for Defendants-Appellants.

Opinion by Judge J. JONES.

In this C.R.C.P. 106(a)(4) proceeding, defendants, the City of Boulder and the Boulder City Council (collectively, the City), appeal the district court's judgment declaring invalid the City's conditional approval of plaintiff Thunderbird Burgers, LLC's application for a use review. Specifically, the district court declared invalid the condition that requires Thunderbird Burgers to cease selling...

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