BETHLEHEM EV. LUTH. CHURCH v. CITY OF LAKEWOOD

No. 28521.

626 P.2d 668 (1981)

BETHLEHEM EVANGELICAL LUTHERAN CHURCH, a Colorado Non-profit Corporation, and Tamminga Construction Company, Inc., a Colorado Corporation, Plaintiffs-Appellees, v. CITY OF LAKEWOOD, a Colorado Corporation, the City Council of the City of Lakewood; Carolyn Bacher, Sharon Carr, Don DeDecker, Carl Neu, Gaylor Smith, Paul Thompson, Lester Willson, Bill Wilson and Robert Wright as members thereof; City of Lakewood Planning Commission; Kenneth Cameron, Sarah Masterson, Howard Revie, Anthony Sabatini and John Kelly as members thereof; and Charles L. Gillett, Superintendent of Code Enforcement and Chief Building Official of the City of Lakewood, County of Jefferson, State of Colorado, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 27, 1981.


Attorney(s) appearing for the Case

Donald E. Mielke, Lakewood, for plaintiffs-appellees.

Gorsuch, Kirgis, Campbell, Walker & Grover, Robert E. Warren, Jr., Solomon & Zimmerman, David A. Solomon, Denver, for defendants-appellants.


LEE, Justice.

This case arises out of the action of the appellant, City of Lakewood (City), in imposing certain conditions upon the issuance of a building permit sought by appellee, Bethlehem Evangelical Lutheran Church (Church), for the construction of a gymnasium. The Church successfully brought a C.R.C.P. 106 review proceeding combined with a declaratory judgment action and petition for injunctive relief to have declared void and unconstitutional the action of...

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