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SELLON v. CITY OF MANITOU SPRINGS

No. 85SA276.

745 P.2d 229 (1987)

David R. SELLON, Kris J. Kovalik, and Crystal Hills Development Co., a Colorado corporation, Plaintiffs-Appellants, v. CITY OF MANITOU SPRINGS, a Colorado municipal corporation, and the City Council of Manitou Springs, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

November 2, 1987.

Attorney(s) appearing for the Case

Susemihl, Lohman, Kent, Carlson & McDermott, Peter M. Susemihl, Catherine L. Haug, Colorado Springs, for plaintiffs-appellants.

Sparks, Dix, Enoch, Suthers & Winslow, P.C. John W. Suthers, Colorado Springs, for defendants-appellees.

KIRSHBAUM, Justice.

Landowners David R. Sellon, Kris J. Kovalik and Crystal Hills Development Co., plaintiffs-appellants, appeal an order of the El Paso County District Court upholding the constitutionality of a zoning ordinance (hereinafter referred to as the hillside ordinance) adopted by the City of Manitou Springs (the City) and its City Council, defendants-appellees. The landowners assert that the hillside ordinance is unconstitutional on its face and as applied...

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