(Download) "Applewood Gardens Homeowners'' Association Inc. v. Richter" by Colorado Court of Appeals No. 79CA0050 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Applewood Gardens Homeowners'' Association Inc. v. Richter
- Author : Colorado Court of Appeals No. 79CA0050
- Release Date : January 07, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Defendant Richter's application for approval of a final development plan for a tract of real estate in Wheat Ridge was granted by the defendant city council pursuant to the city's Planned Commercial Development ordinance. Plaintiffs, owners of homes in the area, filed a timely C.R.C.P. 106 action seeking to have the approval voided, alleging the city council acted arbitrarily and capriciously and did not follow the procedure set forth in the ordinance governing applications. The court declared the action to be void because the council had not held a hearing on the preliminary development plan, as required by the ordinance. The defendants accept that judgment and do not appeal. Plaintiffs, however, despite having won their case, do appeal. Plaintiffs' primary assertion is that certain language in the order of the court commenting on the general powers of the city council to exercise its discretion in zoning matters will be highly prejudicial to them when this matter is again heard by the city council. The district court stated that there is evidence to sustain the Council's action and . . . the action of the Council was not arbitrary and capricious. After declaring the action of the council void because of failure to follow its own procedural ordinance, the court also said:
 "Applewood Gardens Homeowners'' Association Inc. v. Richter" by Colorado Court of Appeals No. 79CA0050 ~ eBook PDF Kindle ePub Free){kind=link}