ADAMS CTY. ASS'N, ETC. v. CITY OF WESTMINSTER

No. 27697.

580 P.2d 1247 (1978)

ADAMS COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC., Ralph Veatch, Individually and as Parent, Natural Guardian, and Next Friend of Victor Veatch, Francis Veatch, Individually and as Parent, Natural Guardian, and Next Friend of Victor Veatch, Victor Veatch, Cecilia Wilkinson, Individually and as Parent, Natural Guardian, and Next Friend of David Wilkinson, and David Wilkinson, Plaintiffs-Appellees and Cross-Appellants, v. The CITY OF WESTMINSTER, a Colorado Municipal Corporation, the City Council of the City of Westminster, Vi June, Fran Blazek, Fred Allen, Kenneth E. Harris, Jr., George Hovorka, Chester McPherson, and Rodney Sheffer, as Members of the City Council of the City of Westminster, Everett Northup, as Chief Building Inspector for the City of Westminster, Steve Garman, as the City Manager of the City of Westminster, Defendants-Appellants and Cross-Appellees, v. The PEOPLE of the State of Colorado, Intervenors-Appellees and Cross-Appellants.

Supreme Court of Colorado, En Banc.

July 10, 1978.


Attorney(s) appearing for the Case

Epstein & Gilbert, P. C., Joseph M. Epstein, Denver, for plaintiffs-appellees and cross-appellants.

Stitt, Wittenbrink & Roan, P. C., James R. Stitt, Randall J. Davis, Westminster, for defendants-appellants and cross-appellees.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James L. Kurtz-Phelan, Asst. Atty. Gen., Denver, for intervenors-appellees and cross-appellants.

Susan K. Griffiths, Gen. Counsel, Dee P. Wisor, Staff Atty., Wheat Ridge, for amicus curiae Colorado Municipal League.

Robin S. Freedman, Denver, for amicus curiae Colorado Bar Ass'n.


PRINGLE, Chief Justice.

The Adams County Association for Retarded Citizens filed a complaint against the City of Westminster alleging that the City had illegally refused to issue a special use permit for the establishment of a state licensed group home for the mentally retarded. After a hearing, the trial court directed the City to issue the special use permit. The case is now before us on direct appeal because the constitutionality of a state statute was placed at...

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