Center Land Co. v. Board of County Com'rs of Adams County, 79CA0800

• Decision Date: 24 July 1980
• Docket Number: No. 79CA0800,79CA0800
• Citation: 619 P.2d 782,44 Colo.App. 523
• Court: Colorado Court of Appeals
• Parties: CENTER LAND COMPANY, a Colorado Corporation, Pete Yantorno, Frank Yantorno and Carl Yantorno, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF ADAMS COUNTY, James M. Vocey, John G. Campbell, Pete M. Mirelez, and Brannan Sand & Gravel Company, Defendants-Appellees. . I

Page 782

619 P.2d 782

44 Colo.App. 523

CENTER LAND COMPANY, a Colorado Corporation, Pete Yantorno Frank Yantorno and Carl Yantorno, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF ADAMS COUNTY, James M Vocey, John G. Campbell, Pete M. Mirelez, and Brannan Sand & Gravel Company Defendants-Appellees.

No. 79CA0800.

Colorado Court of Appeals, Div. I.

July 24, 1980.

Rehearing Denied Aug. 14, 1980.

Certiorari Denied Nov. 24, 1980.

Miller & Leher, Martin P. Miller, Littleton, for plaintiffs-appellants.

David Berger, Kent Denzel, Commerce City, S. Morris Lubow, County Atty., Brighton, for defendants-appellees.

VAN CISE, Judge.

Plaintiffs, adjacent land owners, appeal the district court's affirmance of the action of the defendant Board of County Commissioners of Adams County and the individual defendants as the members thereof (the county commissioners) in rezoning land owned by defendant Brannan Sand & Gravel Company (Brannan). We affirm.

Before the district court and on appeal, the only ground for reversal argued by plaintiffs is that the county commissioners lacked jurisdiction to hear and act on the rezoning application because of a failure to give proper notice for the hearing before the planning commission.

The statute pertaining to notice for changes in county zoning is § 30-28-116, C.R.S.1973, which provides:

"From time to time the board of county commissioners may amend the number, shape, boundaries, or area of any district .... Any such amendment shall not be made or become effective unless the same has been proposed by or first submitted for approval, disapproval, or suggestions of the county planning commission. If disapproved by such commission within thirty days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. Before finally adopting any such amendment, the board of county commissioners shall hold a public hearing thereon, and at least thirty days notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county."

There is no statutory provision for notice of planning commission hearings. Even for hearings before the county commissioners, the only notice required by statute is publication. The plaintiffs have not questioned the propriety of the published notice or of any of the proceedings before the county commissioners. Their challenge is directed to the notice of the planning commission hearing.

In § 6.114 of the Adams County zoning regulations, procedures are prescribed for processing rezoning requests. Property owners within 500 feet of the subject property are to receive notice by mail. The record reflects that notices were mailed to these property owners, and, therefore, the plaintiffs received notice of his hearing.

Additionally, the premises must be posted "at least ten days prior to the planning commission hearing with a sign containing the date, time, and place of the hearing, purpose of the hearing, and the phone number and address of the planning department." The property was timely posted with a sign reading as follows:

"PUBLIC NOTICE

Hearing Date

5-11-78

Case No.

ZC-78-85

Notice of public hearing has been set by the Adams County Planning Commission to be heard at 1:30 p. m. in the Adams County Administration Building, 450 South 4th Avenue, Brighton, Colorado 80601, for the following reasons: rezoning and platting from A-1, I-1 and C-5 to MC area to be used for mining and processing sand and gravel

Location of property

74th on Washington Street

This will be a public hearing. Any interested parties may attend and be heard. For additional information contact:

Planning Department.

Phone 659-2120, Ext. 217.

Posting date 4-20-78."

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