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HEATHER CORP. v. COMMUNITY TELE-COMM., INC.

No. 80CA1006.

642 P.2d 24 (1981)

The HEATHER CORPORATION, a Colorado corporation, and Wayne Gangwish, Plaintiffs-Appellees, v. COMMUNITY TELE-COMMUNICATIONS, INC., a Nevada corporation, and The City of Cortez, a Colorado municipal corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 15, 1981.

Certiorari Granted March 15, 1982.

Attorney(s) appearing for the Case

Friedman, Hill & Robbins, Robert F. Hill, Karen A. Tomb, Denver, for plaintiffs-appellees.

Hamilton, Hamilton, Shand & McLachlan, P. C., Michael E. McLachlan, Durango, for defendants-appellants Community Tele-Communications, Inc.

Smith & West, David P. Smith, Durango, for defendants-appellants City of Cortez.

PIERCE, Judge.

Defendants appeal the district court judgment that Cortez City Ordinance No. 532 is invalid because it is in violation of the Cortez City Charter. We affirm in part and reverse in part.

Ordinance No. 532 authorizes the defendant, Community Tele-Communications, Inc., (Community) to install and operate a cable television system within the city limits of Cortez. The ordinance gives Community the non-exclusive right to operate for an initial renewable...

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