S-16-0209 Medicine Creek, LLC (Cross-Appellant) v. Middle Republican NRD (Appellant)
Frontier County, Judge David W. Urbom
Attorneys: Jon S. Schroeder (Schroeder & Schroeder, P.C.) ' Stephen D. Mossman (Mattson Ricketts Law Firm)
Civil: Request for a variance
Proceedings Below: The district court reversed Appellant's denial of the variance and directed Appellant to grant the request for the variance.
Issues: Appellant assigns that the court erred in holding that the decision to deny the request for a variance was not supported by the evidence, did not conform to the law, and was arbitrary. On cross-appeal, Medicine Creek assigns that the district court erred in (1) not finding that the application of Appellant's rules and regulations violated Medicine Creek's equal protection rights and due process rights and were facially unconstitutional and (2) not issuing declaratory and injunctive relief concerning Appellant's rules and regulations.