Shupe v. BOULDER COUNTY

Opinion by

Judge LICHTENSTEIN.

Defendant, Board of Adjustment of Boulder County (BOA), appeals the district court’s judgment reversing the BOA’s determination that the principal use of property of plaintiffs, Kenneth and Darla Shupe, was residential rather than agricultural. We affirm the district court’s judgment and conclude the principal use of the Shupes’ property cannot be deemed residential use under the Boulder County Land Use Code (the code).

I. Background

The Shupes own and reside on approximately 4.8 acres of land in Boulder County, in a zoned agricultural district. The Shupes’ home, a…