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Western Paving Construction Co. v. District Court

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eBook details

  • Title: Western Paving Construction Co. v. District Court
  • Author : Colorado Supreme Court
  • Release Date : January 05, 1973
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

In Hennigh v. County Commissioners, 168 Colo. 128, 450 P.2d 73 (1969), we held that one whose application for a rezoning is challenged in court is an indispensable party to that proceeding. In Hidden Lake Development Co. v. District Court, 183 Colo. 168, 515 P.2d 632, we held that the failure to join an indispensable party rendered the judgment a nullity. For the reasons more completely discussed in Hidden Lake, the respondent court could not enter a valid judgment to deprive the petitioners of their permit without the presence of Western Paving Construction Co. and North Table Mountain Corporation. The judgment and the order revoking the special permit are of no legal force. The judgment must, therefore, be set aside. Respondent court is directed to vacate its order revoking the special permit and to dismiss the action.


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