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CLARK v. TOWN OF ESTES PARK

No. 82SC280.

686 P.2d 777 (1984)

Wayne L. CLARK, Jr., Elsa M. Clark, Marian R. Patterson, Bert A. Patterson, John W. Robinson, Elizabeth E. Robinson, Rose C. Snyder, T. Jay Carwin, Rosetta Carwin, and Hattie A. Myers, Petitioners, v. The TOWN OF ESTES PARK, Colorado, a municipal corporation, Respondent.

Supreme Court of Colorado, En Banc.

August 20, 1984.

Attorney(s) appearing for the Case

Joseph P. Jenkins, Joseph P. Jenkins, P.C., Estes Park, for petitioners.

Gregory A. White, Hammond, Clark & White, Loveland, for respondent.

DUBOFSKY, Justice.

We granted certiorari to review the Court of Appeals' decision in Clark v. Town of Estes Park, 654 P.2d 855 (Colo. App.1982). The Court of Appeals determined that a municipality may build a parking lot in an area zoned residential because the municipality is not bound by its own zoning ordinances when acting in a governmental, rather than a proprietary capacity. We reject the governmental/proprietary distinction...

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