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COLORADO HEALTH v. CITY AND CTY. OF DENVER

Court of Appeals No. 17CA1644.

429 P.3d 115 (2018)

2018 COA 135

COLORADO HEALTH CONSULTANTS, d/b/a Starbuds, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, THROUGH its DEPARTMENT OF EXCISE AND LICENSES; and Ashley Kilroy, in her official capacity as Director of Denver Department of Excise and Licenses, Defendants-Appellees.

Colorado Court of Appeals, Div. VI.

Announced September 6, 2018.

Attorney(s) appearing for the Case

The Law Office of Emilio De Simone, LLC, Emilio G. De Simone , Denver, Colorado; Law Office of Trevor McFee, Trevor M. McFee , Denver, Colorado, for Plaintiff-Appellant.

Kristin M. Bronson , City Attorney, Reginald D. Nubine , Rebekah B. Watada , Assistant City Attorneys, Denver, Colorado, for Defendants-Appellees.

¶ 1 Sometimes a retail marijuana business wishes to grow the marijuana it sells. To do so legally in Denver, such a business must be located in a zone that permits both cultivation and retail sales, and it must obtain a zoning permit from Denver's Zoning Authority. Additionally, such a business must obtain a retail...

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