STROUD v. CITY OF ASPEN

No. 26764.

532 P.2d 720 (1975)

Walter C. STROUD and Helen E. Stroud, Plaintiffs-Appellees, v. The CITY OF ASPEN, Colorado, a Municipal Corporation, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

March 3, 1975.


Attorney(s) appearing for the Case

Wendt & Kistler, John A. F. Wendt, Jr., Aspen, for plaintiffs-appellees.

Sandra M. Stuller, City Atty., Aspen, for defendant-appellant.

Susan K. Griffiths, Deputy Gen. Counsel, Wheat Ridge, for Colorado Municipal League, amicus curiae.


DAY, Justice.

Because the constitutionality of a city ordinance was challenged in this action, original appellate jurisdiction is in this court (section 13-4-102(1) (b), C.R.S.1973).

In 1971 the plaintiffs (the Strouds) applied for a building permit to erect a business building in a commercial core (C-C) area in the City of Aspen (the city). The permit was denied until the Strouds complied with the city's ordinance...

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