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CITY OF THORNTON v. BD. OF CTY. COM'RS, ETC.

Nos. 78-818, 78-836.

595 P.2d 264 (1979)

CITY OF THORNTON, Colorado, a Municipal Corporation of the State of Colorado, Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ADAMS, State of Colorado, Peter M. Mirelez, John Campbell and James Covey, as members of the Board of County Commissioners of the County of Adams, State of Colorado, David Berger, Warren A. Moreau, Harry Fukaye, James Fukaye, Isamu Fukaye and Henderson Associates, Ltd., a Limited Partnership, Defendants-Appellees. CITY OF THORNTON, Colorado, a Municipal Corporation of the State of Colorado, Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS of the COUNTY OF ADAMS, Adams County Planning Commission, Lewis W. Stuckert, Walter Fischer, Pauline Carlock, Ray Romero, Alex Ramirez, as members of the Adams County Planning Commission, David Berger, Warren A. Moreau, Harry Fukaye, James Fukaye, Isamu Fukaye and Henderson Associates, Ltd., a Limited Partnership, Defendants-Appellees.

Colorado Court of Appeals.

Rehearings Denied March 1, 1979.

Certiorari Granted May 14, 1979.

Attorney(s) appearing for the Case

Leonard H. McCain, City Atty., Steven N. Koeckeritz, Asst. City Atty., Brighton, for plaintiff-appellant.

S. Morris Lubow, County Atty., Linda Donnelly, Jennifer K. Brown, Asst. County Attys., Brighton, for defendants-appellees The Bd. of County Com'rs of the County of Adams, State of Colorado; Pete M. Mirelez, John Campbell and James Covey, as members of the Bd. of County Com'rs of the County of Adams, State of Colorado; Adams County Planning Commission; Lewis W. Stuckert, Walter Fischer, Pauline Carlock, Ray Romero, Alex Ramirez, as members of the Adams County Planning Commission.

David Berger, Commerce City, for defendants-appellees David Berger, Warren A. Moreau, Harry Fukaye, James Fukaye, Isamu Fukaye and Henderson Associates, Ltd., a Limited Partnership.

VanCISE, Judge.

Over the opposition of plaintiff City of Thornton, the defendant Adams County Planning Commission amended the county comprehensive plan and the defendant Board of County Commissioners rezoned 200 acres of land owned by defendants Henderson Associates, Ltd., Berger, Moreau, and the Fukayes (the applicants) from mineral conservation and agricultural to planned unit development. Claiming that the actions of the Planning Commission and the Board were arbitrary...

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