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| | No. 03CA1850. Boone v. Board of County Commissioners, Elbert County. - December 16, 2004 - Colorado Court of Appeals ... (Site not responding. Last check: 2007-10-27) |
 | | In this land use dispute, defendant, Elbert County Board of County Commissioners, appeals the trial court’s partial summary judgment in favor of plaintiffs, Greg and Mary Boone, declaring Elbert County’s rezoning regulations for parcels between 35 and 59.99 acres illegal on their face. |
 | | Nevertheless, the Boones argue that the county's A-1 zoning regulations are unenforceable because they improperly restrain alienability, based on the statement in Pennobscot, supra, that the 35-acre subdivision exemption prevents subdivision regulation from operating as a restraint on alienability. |
 | | The Boones also contend that, because of overlap between Elbert County’s rezoning regulations and its subdivision regulations, the Board is indirectly imposing otherwise prohibited subdivision regulations by requiring rezoning when a tract is divided into parcels of 35 acres or more. |
| www.cobar.org /opinions/opinion.cfm?OpinionID=4920 (1737 words) |
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