CITY OF LAKEWOOD v. COLFAX UNLIMITED ASS'N, INC.

No. 28478.

634 P.2d 52 (1981)

CITY OF LAKEWOOD, Colorado, a municipal corporation, and James K. Spore, Zoning Administrator and Superintendent of Code Enforcement, Defendants-Appellants, v. COLFAX UNLIMITED ASSOCIATION, INC., a nonprofit corporation; Aubrey and Margaret K. Daedlow d/b/a Golden Hours Motel, a proprietorship; Gordon Neon Company, a corporation; Washburn Enterprises, Inc. d/b/a Trailerland, a corporation; Levitz Furniture Company of the Midwest, Inc., a corporation; Cornell Prescription Pharmacies, Inc., a corporation; on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees.

Supreme Court of Colorado, En Banc.

September 21, 1981.


Attorney(s) appearing for the Case

Brown, Maynard & Miller, Glen Maynard, David A. Solomon, Robert Warren, Golden, for defendants-appellants.

Pryor, Carney & Johnson, Thomas L. Roberts, John E. Walberg, Englewood, for plaintiffs-appellees.


DUBOFSKY, Justice.

The defendant City of Lakewood appeals from an order of the Jefferson County District Court declaring that section 3-3 of the City's Zoning Ordinance (the Sign Code or Code) is unconstitutional. Because we conclude that many of the Code's provisions violate the First and Fourteenth Amendments to the United States Constitution and cannot be severed from the remainder of the Code, we affirm the judgment below.

The plaintiff-appellees are owners...

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