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WHITELAW v. DENVER CITY COUNCIL

Court of Appeals No. 16CA0920.

405 P.3d 433 (2017)

2017 COA 47

Arthur Keith WHITELAW, III; John DeRungs; Katherine K. McCrimmon; Laura Pitmon; Denise Sigon, f/k/a Denise L. Sager; Alan Singer; and Rita Singer, Plaintiffs-Appellants, v. DENVER CITY COUNCIL, including the individual Council members in their official capacity, Albus Brooks, Charlie Brown, Jeanne Faatz, Christopher Herndon, Robin Kniech, Peggy Lehmann, Paul López, Judy H. Montero, Chris Nevitt, Debbie Ortega, Jeanne Robb, Susan Shepherd, and Mary Beth Susman; Manager of Community Planning and Development, Brad Buchanan, in his official capacity; Denver Planning Board, including the individual Board members in their official capacity, Andy Baldyga, Jim Bershof, Shannon Gifford, Renee Martinez-Stone, Brittney Morris Saunders, Joel Noble, Susan Pearce, Arleen Taniwaki, Julie Underdahl, Frank Schultz, and Chris Smith; City and County of Denver; and Cedar Metropolitan LLC, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 4, 2017.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, Gregory J. Kerwin , Denver, Colorado, for Plaintiffs-Appellants.

Kristin M. Bronson , Denver City Attorney, Nathan J. Lucero , Assistant City Attorney, Tracy A. Davis , Assistant City Attorney, Denver, Colorado, for Defendants-Appellees Denver City Council, including the individual Council members in their official capacity, Albus Brooks, Charlie Brown, Jeanne Faatz, Christopher Herndon, Robin Kniech, Peggy Lehmann, Paul López, Judy H. Montero, Chris Nevitt, Debbie Ortega, Jeanne Robb, Susan Shepherd, and Mary Beth Susman; Manager of Community Planning and Development, Brad Buchanan, in his official capacity; Denver Planning Board, including the individual Board members in their official capacity, Andy Baldyga, Jim Bershof, Shannon Gifford, Renee Martinez-Stone, Brittney Morris Saunders, Joel Noble, Susan Pearce, Arleen Taniwaki, Julie Underdahl, Frank Schultz, and Chris Smith; and City and County of Denver.

Foster Graham Milstein & Calisher, LLP, Chip G. Schoneberger , Katherine Roush , Denver, Colorado, for Defendant-Appellee Cedar Metropolitan LLC.

¶ 1 In this C.R.C.P. 106(a)(4) action, plaintiffs, Arthur Keith Whitelaw, III; John DeRungs; Katherine K. McCrimmon; Laura Pitmon; Denise Sigon, formerly known as Denise L. Sager; Alan Singer; and Rita Singer (the neighbors), seek judicial review of the rezoning decision of defendant Denver City Council.

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