BOARD OF ADJUSTMENT, ETC. v. Kuehn

This cause is before us on the motion to dismiss the writ of error filed by defendant in error, John Kuehn.

Kuehn applied to the Board of Adjustment of the City and County of Denver, plaintiff in error, to have the latter designate an area in which to obtain the affirmance of 80% of the owners so that a petition might be filed for the use within a residence “B” zone of three lots at 5090 Lincoln street, Denver, Colorado, as a small creamery and similar businesses. The area was designated by the Board, and consents, amounting to 83.6%, were duly obtained and filed with the Board; thereupon *350a…