Legal Opinion

Boone v. Board of County Commissioners

Colorado Court of Appeals

Decided December 16, 2004No. 03CA1850PublishedCited by 4 opinions

1Opinion of the CourtWebb, J.

In this land use dispute, defendant, Elbert County Board of County Commissioners, appeals the trial court’s partial summary judgment in favor of plaintiffs, Greg and Mary Boone, declaring Elbert County’s rezoning regulations for parcels between 35 and 59.99 acres illegal on their face. We reverse and remand.

The following facts are undisputed. The Boones owned a tract of approximately 143 acres, which they divided into 4 separate parcels by quitclaim deeds. Each of the 4 parcels was more than 35 acres.

In Elbert County, lots greater than 60 acres are zoned Agriculture (A); lots between 35 and…

2Cases cited13 opinions

  1. State v. NietoSupreme Court of Colorado · 2000
  2. Board of County Commissioners v. Bainbridge, Inc.Supreme Court of Colorado · 1996
  3. Beaver Meadows v. Board of County CommissionersSupreme Court of Colorado · 1985
  4. Board of County Commissioners v. ConderSupreme Court of Colorado · 1996
  5. Pennobscot, Inc. v. Board of County CommissionersSupreme Court of Colorado · 1982

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McGee v. HardinaColorado Court of Appeals · 2005
  2. PurCo Fleet Services, Inc. v. KoenigColorado Court of Appeals · 2010
  3. Snowmass Land Co. v. Two Creeks Homeowner's Ass'nColorado Court of Appeals · 2006
  4. Droste v. BOARD OF COUNTY COM'RS OF PITKINColorado Court of Appeals · 2006

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API