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MARKER v. SIMPSON

No. 18744.

357 P.2d 632 (1960)

W. F. MARKER, Henry I. Szymanski, Jean Burns Szymanski, Agnes E. Hutchinson, Richard R. Blythe, Jr., Leon Kuntz, Hazel C. Kuntz and Lillian S. Puffer, Plaintiffs in Error, v. Fred W. SIMPSON, Jr., Melvin H. Olson, Robert W. Johnson, Harold S. Heyse, Harold H. Hawks, Carl H. Decker, Harry C. Blunt, William C. Henderson, Eugene H. Martin, Robert L. Koons and Perry C. Tyree, Defendants in Error.

Supreme Court of Colorado, In Department.

December 19, 1960.

Attorney(s) appearing for the Case

Murray, Baker & Wendelken, Colorado Springs, for plaintiffs in error.

Joseph Corey, Colorado Springs, for defendants in error Koons and Tyree.

F. T. Henry, Colorado Springs, for all defendants in error except Robert L. Koons and Perry C. Tyree.

KNAUSS, Justice.

This writ of error is directed to a judgment of the district court of El Paso County sustaining the action of the City Council of Colorado Springs in granting a variance under its zoning ordinance to permit the construction of a commercial building as a replacement for one presently so used in a residence zone. Plaintiffs in error are persons who objected to the use variance granted by the City Council of Colorado Springs, together with Koons and...

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