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APPLEBAUGH v. BOARD OF COUNTY COM'RS

No. 91CA1000.

837 P.2d 304 (1992)

Robert APPLEBAUGH, a/k/a Robert E. Applebaugh, Plaintiff-Appellee and Cross-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF SAN MIGUEL COUNTY, STATE OF COLORADO, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. IV.

July 30, 1992.

Attorney(s) appearing for the Case

Overholser & Slee, P.C., John W. Overholser, Montrose, for plaintiff-appellee and cross-appellant.

Younge & Hockensmith, P.C., Earl G. Rhodes, Mark R. Luff, Grand Junction, Thomas V. Holland, County Atty., Telluride, for defendant-appellant and cross-appellee.

Opinion by Chief Judge STERNBERG.

In this C.R.C.P. 106(a)(4) action, the Board of County Commissioners of San Miguel County (Board) appeals a judgment reversing its rezoning of the property of Robert Applebaugh (developer). The developer cross-appeals the trial court's determination that he received a fair hearing and contends that the court erred in not ruling on his claim that the rezoning constituted a taking, giving rise to a monetary claim. We agree with the...

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