Laserfiche WebLink
<br /> <br />to the ~ooard until after issuance of the permit. The thus <br />mooted complaint has not been amended to seek or request <br />another form of relief. Plaintiffs allege that the chal- <br />lenged board decision was erroneously entered for two reasons: <br />(a) it is unsupported by substantial evidence; and (b) alleged <br />procedural defects are fatal to the validity of the decision. <br />References herein to "transcript^ are to the transcript <br />of the August 27r 1980 board proceeding which is part of <br />the certified record. <br />~IAIEMEyI_QE_EBLIS <br />Plaintiffs in Mays 1978 bought an old house (transcript <br />p. 15) yin La Plata County. Colorado located across the high- <br />way frorn a gravel mining and crushing operation which was <br />started up in 1971 by predecessors in interest of codefendant <br />Spillers; (transcript p. 8). Plaintiffs lived in the house <br />for two years before buying it. (Affidavit attached to com- <br />plaint.) <br />Plaintiffs were unaware when they moved into the house <br />that there was a gravel operation across the road (transcript <br />p. 18). There is no zoning or land use ordinance in effect <br />in La Plata County (exhibit "J" to plaintiffs' motion for <br />-2- <br />