Mauldin v. Panella

Opinion by

Judge DAILEY.

Plaintiff, Arthur Mauldin, a property owner, appeals from a declaratory judgment requiring approval by a committee recently formed by defendants, forty-four other property owners in his subdivision, for a proposed use of his property. We reverse.

Plaintiff owns property in the Fairview Estates subdivision in Fort Collins, Colorado. Fairview Estates contains both commercial and residential properties, and plaintiff's property is the last undeveloped parcel in the commercial area.

Plaintiff wished to sell his property to a retail tire store company. The company obtained…