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CHERRY HILLS FARMS v. CITY OF CHERRY HILLS

No. 82SA165.

670 P.2d 779 (1983)

CHERRY HILLS FARMS, INC., a Colorado corporation, Carriage Homes Construction, Inc., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. CITY OF CHERRY HILLS VILLAGE, Colorado, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

October 11, 1983.

Attorney(s) appearing for the Case

Seymour Joseph, Sheldon E. Friedman, Isaacson, Rosenbaum, Spiegelman & Friedman, P.C., Denver, for plaintiffs-appellees.

Robert L. Morris, Davis, Graham & Stubbs, Denver, for defendant-appellant.

Susan K. Griffiths, Denver, for amicus curiae, Colorado Municipal League.

NEIGHBORS, Justice.

The City of Cherry Hills Village appeals the orders entered by the district court that its ordinance providing for a service expansion fee is unconstitutional and certifying the case as a class action. We reverse the judgment that the ordinance is unconstitutional and affirm the ruling on the class action issue.

I.

The City of Cherry Hills Village (City) is a home rule municipality of the State of Colorado, organized under article...

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