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FITZ MOTORS, INC. v. CITY OF NORTHGLENN

No. 79CA0099.

602 P.2d 890 (1979)

FITZ MOTORS, INC., a Colorado Corporation, d/b/a Northglenn Dodge, Plaintiff-Appellee, v. CITY OF NORTHGLENN, a Municipal Corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified On Denial of Rehearing September 6, 1979.

Attorney(s) appearing for the Case

Weltzer & Worstell, Louis A. Weltzer, Denver, for plaintiff-appellee.

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

STERNBERG, Judge.

On March 16, 1976, the defendant city granted plaintiff, Fitz Motors, Inc., a Chrysler dealer, a variance allowing construction of a third freestanding sign. The sign was to be used to advertise Fitz' dealership for International Harvester Scout vehicles. Evidence was presented that the sign was needed because Chrysler Corporation prohibited advertising of a separate line of vehicles on signs advertising Chrysler products.

In September 1977...

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