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COMMUNITY TELE-COMMUNICATIONS v. HEATHER CORP.

No. 81SC371.

677 P.2d 330 (1984)

COMMUNITY TELE-COMMUNICATIONS, INC., a Nevada corporation, and the City of Cortez, Colorado, a Colorado municipal corporation, Petitioners, v. The HEATHER CORPORATION, a Colorado corporation, and Wayne Gangwish, Respondents.

Supreme Court of Colorado, En Banc.

February 21, 1984.

Attorney(s) appearing for the Case

Sherman & Howard, Stephen M. Brett, Robert E. Youle, David Swinton, Denver, for petitioners.

Friedman, Hill & Robbins, Robert F. Hill, Karen A. Tomb, Denver, for respondents.

ROVIRA, Justice.

We granted certiorari to review the decision of the court of appeals in Heather Corp. v. Community Tele-Communications, Inc., 642 P.2d 24 (Colo.App.1981), holding that a city of Cortez ordinance, which granted a cable television company a permit to use the streets and public ways to install a cable television system, was invalid because it granted a franchise without a vote of the electorate. We affirm.

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