Gramiger v. County of Pitkin

Opinion by

Judge CRISWELL.

Plaintiff, Hans R. Gramiger, appeals from the judgment dismissing his declaratory judgment action against the defendant, County of Pitkin. He contends that the county is legally required to allow him to build a restaurant upon land owned by him, notwithstanding the county’s adoption of a zoning resolution prohibiting such use, because (1) the final judgment in previous litigation between these two parties collaterally estops the county from applying the terms of that zoning resolution to his requested use of the ground, and (2) the county’s prior improper refusal to…