Legal Opinion

DeVilbiss v. Zoning Board of Adjustment

Colorado Court of Appeals

Decided May 31, 1984No. 83CA0624PublishedCited by 1 opinion

1Opinion of the Court

TURSI, Judge.

J.E. DeVilbiss, plaintiff, appeals the trial court’s judgment dismissing as moot his action challenging the approval by defendant Zoning Board of Adjustment of Garfield County (Zoning Board) of a height variance for a coal loadout facility. We reverse.

In April 1980, defendant Snowmass Coal Company (Snowmass) applied for a special use permit for the construction of a coal loadout facility 55 feet in height. The applicable zoning regulations of Garfield County provided a height limitation of 25 feet. Defendant Board of County Commissioners of Garfield County approved the…

2Cases cited5 opinions

  1. Crowe v. WheelerSupreme Court of Colorado · 1968
  2. Hargreaves v. SkrbinaSupreme Court of Colorado · 1983
  3. Werner v. NordenSupreme Court of Colorado · 1930
  4. Ambrosio v. Baker Metropolitan Water & Sanitation DistrictSupreme Court of Colorado · 1959
  5. Kester v. Miami-Yoder Joint School District No. 60Supreme Court of Colorado · 1961

3Cited by1 opinion

  1. Zoning Board of Adjustment v. DeVilbissSupreme Court of Colorado · 1986

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