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HERMANSON v. BOARD OF COUNTY COM'RS, ETC.

No. 78-180.

595 P.2d 694 (1979)

Thurman HERMANSON, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF FREMONT, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 22, 1979.

Certiorari Denied May 29, 1979.

Attorney(s) appearing for the Case

Spurgeon, Haney & Howbert, P. C., Gregory R. Piche, Colorado Springs, for plaintiff-appellant.

Feder & Morris, P. C., Harold A. Feder, Denver, H. R. Harward, Canon City, for defendant-appellee.

SMITH, Judge.

Plaintiff appeals from dismissal of his complaint alleging inverse condemnation. The dismissal is based on plaintiff's failure to seek certiorari review of each of defendant's actions. This appeal questions whether review under C.R.C.P. 106(a)(4) is the exclusive remedy to challenge the validity of a series of restrictions imposed by county commissioners upon plaintiff's use of his real property. We reverse.

Plaintiff filed an inverse condemnation...

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