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CITY OF COLORADO SPRINGS v. KITTY HAWK DEVELOP. CO.

No. 20615.

392 P.2d 467 (1964)

The CITY OF COLORADO SPRINGS, a municipal corporation, Plaintiff in Error, v. KITTY HAWK DEVELOPMENT CO., a corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied June 8, 1964.

Attorney(s) appearing for the Case

F. T. Henry, Louis Johnson, Colorado Springs, for plaintiff in error.

Cool & Phillips, H. T. McGarry, Colorado Springs, for defendant in error.

Ryan, Sayre, Martin & Brotzman, Boulder, amici curiae.

PRINGLE, Justice.

Defendant in error, Kitty Hawk Development Company, hereinafter designated as plaintiff or Kitty Hawk, instituted this action against the plaintiff in error, City of Colorado Springs, hereinafter designated as defendant or City, to recover the sum or $25,378.08 paid by it to the City. It alleged that the payment was made pursuant to Section 2E(1) of the City's Subdivision Ordinance, No. 1987, as amended...

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