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BAYSINGER v. CITY OF NORTHGLENN

No. 27477.

575 P.2d 425 (1978)

David A. BAYSINGER, William A. Bailey, Jr., James L. Dowd, Keith Farris, Melvin M. Rensberger, Steve Rapp, Darla P. Richardson, David W. Richardson, Marvin L. Richardson, Colorado Council of Amateur Radio Clubs, a non-profit corporation, on behalf of themselves and all others similarly situate, Plaintiffs-Appellants, v. CITY OF NORTHGLENN, a Municipal Corporation, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 6, 1978.

Attorney(s) appearing for the Case

Quiat, O'Fallon & Drake, Marshall Quiat, Denver, for plaintiffs-appellants.

Charles L. Sharp, Jr., City Atty., City of Northglenn, Northglenn, for defendant-appellee.

ERICKSON, Justice.

In 1975, the City of Northglenn amended Article 31 of its zoning ordinance to require the acquisition of a special use permit for "radio towers and antennas" through the enactment of Ordinance No. 403.1 The appellants, amateur radio operators and enthusiasts, in a declaratory judgment proceeding, raised an issue as to the constitutionality of the ordinance and sought injunctive relief against its enforcement. Trial to...

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