WASINGER v. MILLER

No. 20661.

388 P.2d 250 (1964)

Fideles WASINGER and Regina I. Wasinger, Plaintiffs in Error, v. Martin P. MILLER, District Attorney in and for the Eighteenth Judicial District, State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

January 13, 1964.


Attorney(s) appearing for the Case

Walter F. Scherer, Denver, for plaintiffs in error.

Martin P. Miller, Dist. Atty., pro se, H. E. Carleno, Deputy Dist. Atty., for defendant in error.


SUTTON, Justice.

The question before us involves the alleged extension of a non-conforming use under the Arapahoe County Zoning Resolution and an order enjoining same. We shall refer to the two plaintiffs in error land owners as defendants or by name and defendant in error district attorney, who brought the action by virtue of C.R.S. `53, 106-2-24, as plaintiff.

The record, in a trial to the court, discloses that defendants bought the approximate 7.77 acres...

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