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ALPENHOF, LLC v. CITY OF OURAY

No. 12CA0500.

297 P.3d 1052 (2013)

2013 COA 9

ALPENHOF, LLC, a Colorado limited liability company, Plaintiff-Appellant, v. The CITY OF OURAY, a Colorado home rule city, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

January 17, 2013.

Attorney(s) appearing for the Case

The Tisdel Law Firm, P.C., Michael D. Hockersmith , Andrew A. Mueller , Ouray, Colorado, for Plaintiff-Appellant.

The Masters Law Firm, P.C., David L. Masters , Kathryn M. Sellars , Montrose, Colorado, for Defendant-Appellee.

Opinion by Judge WEBB.

¶ 1 Plaintiff, Alpenhof, LLC, raises an unresolved question in Colorado: whether flooding risk from a diverted natural waterway channel involves either a "geologic condition" or a "natural hazard" within the meaning of a zoning code. Defendant, City of Ouray, denied Alpenhof's subdivision application, finding that flooding risk from a diverted creek required mitigation, for which the application did not provide. The district court rejected...

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