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GIULIANI v. BD. OF COUNTY COM'RS

No. 11CA1919.

303 P.3d 131 (2012)

2012 COA 190

Marc A. GIULIANI; Footprints Health and Wellness, Inc., a Colorado corporation; Christopher Peck; and Frank Campbell, Plaintiffs-Appellants, v. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic on behalf of the County of Jefferson; Jefferson County Division of Planning and Zoning, a division of Jefferson County; and Jefferson County Board of Adjustment, a division of Jefferson County, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

November 1, 2012.

Attorney(s) appearing for the Case

Hoban & Feola, LLC, Robert T. Hoban , Lauren C. Davis , C. Adam Foster , Denver, Colorado, for Plaintiffs-Appellants.

Ellen G. Wakeman , County Attorney, Eric T. Butler , Assistant County Attorney, Golden, Colorado, for Defendants-Appellees.

Opinion by Judge TAUBMAN.

¶ 1 In this action concerning whether a county may prohibit the operation of a medical marijuana dispensary1 as a non-permitted use under a local zoning plan, plaintiffs, Marc A. Giuliani and Footprints Health and Wellness, Inc. (collectively Providers), and Christopher Peck and Frank Campbell (collectively Patients), appeal the trial court's orders partially dismissing...

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