Zoning Board of Adjustment v. DeVilbiss

QUINN, Chief Justice.

We granted certiorari to review the decision of the court of appeals in DeVilbiss v. Zoning Board of Adjustment, 690 P.2d 260 (Colo.App.1984), which held that the failure of a plaintiff to seek temporary or preliminary injunctive relief in connection with a C.R.C.P. 106 challenge to a zoning variance, which authorized the construction of a coal-loading facility, did not render moot a claim for a permanent injunction against the construction of the facility notwithstanding the fact that the facility itself had been completed prior to any final resolution of the C.R.C.P.…