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ZELINGER v. CITY AND COUNTY OF DENVER

No. 84SA508.

724 P.2d 1356 (1986)

Morris ZELINGER and Thelma Zelinger, David Goldstein and Sylvia Goldstein; General Air Service & Supply; Wazee Electric Co.; Advance Neon Sign Company; Abe L. Hoffman and Florence Hoffman; Denver Motel Enterprises, Inc.; by themselves and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. The CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado; the City Council of the City and County of Denver and Its Members, Individually and as Council-Persons; and Harold V. Cook, as Manager of Public Works of said City and County of Denver, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

September 8, 1986.

Attorney(s) appearing for the Case

Goldstein & Armour, P.C., James H. Downey, Alan A. Armour, Denver, for plaintiffs-appellants.

Stephen H. Kaplan, City Atty., Steven J. Coon, Asst. City Atty., Denver, for defendants-appellees.

VOLLACK, Justice.

Plaintiffs-appellants, members of a class action suit, appeal the judgment of the district court upholding the constitutionality of the City and County of Denver Municipal Ordinance No. 160, Series of 1980 [hereinafter referred to as "Ordinance"]. The plaintiffs-appellants claim the Ordinance, which deals with storm drainage facilities and the fees and service charges therefor, unconstitutionally denies equal protection and due process guarantees...

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