Hallmark Builders & Realty v. City of Gunnison

LOHR, Justice.

The City of Gunnison (Gunnison) appeals from an order of the Gunnison County District Court declaring a Gunnison municipal zoning ordinance invalid because the notice of public hearing published in connection with the adoption of that ordinance was inadequate. We affirm.

I

The present action arises from a request for rezoning of certain property located in Gunnison from R-2 Residential (R-2) to R-3 Residential (R-3). This application was filed by the predecessors-in-interest of the appellee, Hallmark Builders and Realty, Inc. (Hallmark). The Gunnison Planning and Zoning Commission…