Neighbors for a Better Approach v. Nepa

MARQUEZ, Judge.

The Salvation Army, the Denver Rescue Mission, and the Zoning Administrator, Dorothy Nepa, appeal the district court’s judgment invalidating the Board of Adjustment’s approval of Nepa’s grant of permits for emergency housing facilities to the Salvation Army and the Denver Rescue Mission and dismissing the Salvation Army’s counterclaim. We affirm in part, reverse in part, and remand with directions.

The Salvation Army and the Denver Rescue Mission applied for emergency housing facility permits. Following public hearings, Nepa determined that they satisfied the regulatory…