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SAVE OUR ST. VRAIN v. BD. OF ADJUSTMENT

Court of Appeals No. 19CA2251.

491 P.3d 562 (2021)

2021 COA 44

SAVE OUR SAINT VRAIN VALLEY, INC., a Colorado nonprofit corporation; Amanda Dumenigo; Richard Cargill; Barbara Cargill; and Matt Condon, Plaintiffs-Appellants, v. BOULDER COUNTY BOARD OF ADJUSTMENT, the duly authorized administrative body of a political subdivision of the State of Colorado; Dale Case, in his official capacity as Director of the Boulder County Land Use Department; and Martin Marietta Materials, Inc., a North Carolina corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Announced April 1, 2021.

Attorney(s) appearing for the Case

Ireland Stapleton Pryor & Pascoe, PC, Mark E. Lacis , James R. Silvestro , Denver, Colorado, for Plaintiffs-Appellants.

Benjamin Pearlman , County Attorney, David Hughes , Deputy County Attorney, Boulder, Colorado, for Defendants-Appellees Boulder County Board of Adjustment and Dale Case.

Brownstein Hyatt Farber Schreck, LLP, Mark J. Mathews , Michael P. Smith , Denver, Colorado, for Defendant-Appellee Martin Marietta Materials, Inc.

¶ 1 In this appeal, we review a determination of defendants, Boulder County Land Use Director Dale Case (Director Case) and the Boulder County Board of Adjustment (BOA), applying provisions of the Boulder County Land Use Code (Code) to Board of County Commissioners Resolution 98-32...

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