Buck v. Park

Opinion by

Judge RULAND.

Plaintiffs, Elizabeth B. and Gaylord B. Buck, and Gaylord B. Buck, III, own lots in the City of Cherry Hills. Following a denial by defendant Board of Adjustment of applications to grant some of the lots a non-conforming status or to grant a variance for construction of single-family residences, plaintiffs filed an application to rezone the lots from a residential classification to a commercial classification. Defendant Planning and Zoning Commission recommended that the application be denied. Plaintiffs then filed a complaint pursuant, to C.R.C.P. 106(a)(4) seeking,…