LAKEWOOD PAWNBROKERS, INC. v. CITY OF LAKEWOOD

No. 25808.

517 P.2d 834 (1973)

LAKEWOOD PAWNBROKERS, INC., a Colorado Corporation, Plaintiff-Appellee, v. The CITY OF LAKEWOOD, Colorado, a municipal corporation, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Case Reopened September 12, 1973.

As Modified on Denial of Rehearing January 14, 1974.


Attorney(s) appearing for the Case

Bowman, Shambaugh, Geissinger & Wright, Arthur S. Bowman, Denver, for plaintiff-appellee.

Raymond C. Johnson, City Atty., Douglas S. Wamsley, Deputy City Atty., Lakewood, for defendant-appellant.


KELLEY, Justice.

This is an appeal by the City of Lakewood from a judgment of the district court declaring the City's ordinance regulating the business of "pawnbrokering" unconstitutional. The appellee, Lakewood Pawnbrokers, Inc., an entity subject to the ordinance, instituted the action for a declaratory judgment under the provisions of C.R.C.P. 57(b) and C.R.C.P. 65 before the ordinance became operative.

Lakewood is a statutory city. It enacted the ordinance...

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