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WRIGHT v. CITY OF LAKEWOOD

No. 79CA0668.

608 P.2d 361 (1979)

Robert R. WRIGHT, Edna S. Webster, and Norma D. Beard, Plaintiffs-Appellees, v. The CITY OF LAKEWOOD, a municipal corporation; Charles E. Whitlock, Mayor of the City of Lakewood; and James Lee, John Morgan, Carolyn Bacher, Raymond Fink, James Eitzen, Paul Thompson, Sharon Carr, Lester Willson, Carl Neu, and Gaylor Smith, Individually, and as members of the Lakewood City Council of the City of Lakewood, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 17, 1980.

Certiorari Granted March 17, 1980.

Attorney(s) appearing for the Case

Skelton, Oviatt & O'Dell, Jeffrey J. Kahn, Wheat Ridge, for plaintiffs-appellees.

Gorsuch, Kirgis, Campbell, Walker & Grover, John S. Pfeiffer, Robert E. Warren, Jr.,

Susan K. Griffiths, Denver, for defendants-appellants.

RULAND, Judge.

The City of Lakewood appeals from a summary judgment determining that a rezoning ordinance and an amendment to the City's master plan are subject to a referendum election. We reverse.

The relevant facts are not in dispute. Lakewood is a statutory non-home-rule city. In April of 1975, the City Planning Commission adopted a master plan which was approved by the City Council. In June of 1978, the Council both adopted an ordinance rezoning certain...

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