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Legal Opinion

Applebaugh v. Board of County Commissioners

Colorado Court of Appeals

Decided July 30, 1992No. 91CA1000PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Chief Judge STERNBERG.

In this C.R.C.P. 106(a)(4) action, the Board of County Commissioners of San Miguel County (Board) appeals a judgment reversing its rezoning of the property of Robert Applebaugh (developer). The developer cross-appeals the trial court’s determination that he received a fair hearing and contends that the court erred in not ruling on his claim that the rezoning constituted a taking, giving rise to a monetary claim. We agree with the court’s determination that the developer received a fair hearing, but we reverse the judgment and remand with instructions to…

2Cases cited10 opinions

  1. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  2. Ford Leasing Development Co. v. Board of County CommissionersSupreme Court of Colorado · 1974
  3. Beaver Meadows v. Board of County CommissionersSupreme Court of Colorado · 1985
  4. Service Oil Co. v. RhodusSupreme Court of Colorado · 1972
  5. Mountain States Telephone & Telegraph Co. v. Public Utilities CommissionSupreme Court of Colorado · 1988

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3Cited by7 opinions

  1. Board of County Commissioners v. Hygiene Fire Protection DistrictSupreme Court of Colorado · 2009
  2. Reale Investment, Inc. v. City of Colorado SpringsColorado Court of Appeals · 1993
  3. Moreland Properties, LLC v. City of ThorntonDistrict Court, D. Colorado · 2008
  4. Animas Valley Sand & Gravel, Inc. v. Board of County CommissionersColorado Court of Appeals · 2000
  5. 3 BAR J HOMEOWNERS ASS'S v. McMurryColorado Court of Appeals · 1998

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