LANDMARK LAND v. CITY AND COUNTY OF DENVER

Nos. 84SA400, 84SA410, and 84SA413.

728 P.2d 1281 (1986)

LANDMARK LAND COMPANY, INC., Plaintiff-Appellant, and Harsh Investment Corp. and Southmoor Park Shopping, Inc., Plaintiffs, v. The CITY AND COUNTY OF DENVER; the City Council of the City and County of Denver, Defendants-Appellees, and Southmoor Park East Homeowners Association, Inc., and Thomas P. McCallin, Intervenors/Defendants-Appellees. HARSH INVESTMENT CORP., Plaintiff-Appellant, and Landmark Land Company, Inc., and Southmoor Park Shopping, Inc., Plaintiffs, v. The CITY AND COUNTY OF DENVER; the City Council of the City and County of Denver, and its members, Cathy Reynolds, Robert Crider, William A. Scheitler, T.J. Hackworth, M.L. Sandos, Paul A. Hentzell, Paul L. Swalm, John J. Silchia, Edward F. Burke, Jr., King M. Trimble, Salvadore Carpio, Cathy Donohue, William R. Roberts; the Honorable William H. McNichols, Jr., Mayor of the City of Denver; the Building Department of the City and County of Denver, and Jack Tanigawa, Acting Director of the Building Department of the City and County of Denver, Defendants-Appellees, and Southmoor Park East Homeowners Association, Inc., and Thomas P. McCallin, Intervenors/Defendants-Appellees. SOUTHMOOR PARK SHOPPING, INC., Plaintiff-Appellant, and Harsh Investment Corp. and Landmark Land Company, Inc., Plaintiffs, v. The CITY AND COUNTY OF DENVER, State of Colorado, a Municipal Corporation, and the City and County of Denver, State of Colorado, Defendants-Appellees, and Southmoor Park East Homeowners Association, Inc. and Thomas P. McCallin, Intervenors/Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearings Denied December 22, 1986.


Attorney(s) appearing for the Case

Calkins, Kramer, Grimshaw & Harring, Susan E. Burch, Charles E. Norton, Denver, for Landmark Land Company, Inc.

Holme Roberts & Owen, Daniel S. Hoffman, Donald K. Bain, Jeffrey A. Chase, Denver, for Harsh Investment Corp.

Sherman & Howard, Joseph J. Bronesky, Marla Music, Denver, for Southmoor Park Shopping, Inc.

Stephen H. Kaplan, City Atty., Robert M. Kelly, Asst. City Atty., Denver, for City and County of Denver and the City Council of the City and County of Denver.

Rothgerber, Appel & Powers, James M. Lyons, Denver, for Southmoor Park East Homeowners Association, Inc. and Thomas P. McCallin.


ROVIRA, Justice.

These three cases, which were consolidated before trial, all involve challenges to section 10-62.5 of the Revised Municipal Code of the City and County of Denver (Code), which extended mountain view protection to Southmoor Park in 1982. The three appellants, Harsh Investment Corp., Landmark Land Company, Inc., and Southmoor Park Shopping, Inc., own land in the area affected by section 10-62.5. They brought suit against the City and County of Denver...

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