Spencer v. Board of County Commissioners
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge DAVIDSON.
In this C.R.C.P. 106(a)(4) action, plaintiff, James O. Spencer, appeals from the judgment of the district court upholding the decision of defendant, Montezuma County Board of County Commissioners, denying plaintiff's petition to subdivide his property. We vacate the judgment and remand.
In 1996, plaintiff subdivided a tract of land into two parcels. He retained one parcel (tract A) and sold the other parcel (tract B) to a third party. Approximately one month later, plaintiff petitioned the Board to subdivide tract A further into two parcels. The Board refused to…
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