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LONGMONT RET. RESIDENCE v. CITY OF LONGMONT

No. 87CA0124.

767 P.2d 777 (1988)

LONGMONT RETIREMENT RESIDENCE, a limited partnership, and Colson and Colson Construction Co., an Oregon partnership, General Partner, Plaintiffs-Appellants and Cross-Appellees, v. CITY OF LONGMONT, Longmont City Council, Larry Burkhardt, William G. Swenson, Dan Benavidez, John Caldwell, David Chrisman, Basil Irwin and Thomas McCoy, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 3, 1988.

Certiorari Denied January 23, 1989.

Attorney(s) appearing for the Case

Hecox, Tolley, Keene & Beltz, P.C., Cynthia Mace Dude, Lawrence A. Hecox, Colorado Springs, for plaintiffs-appellants and cross-appellees.

Ralph Josephsohn, City Atty., Brad D. Bailey, Asst. City Atty., Longmont, for defendants-appellees and cross-appellants.

STERNBERG, Judge.

The plaintiffs, Longmont Retirement Residence and Colson & Colson Construction Co., appeal the district court's ruling which interpreted ordinances of the City of Longmont and assessed interest on funds as wrongfully withheld. The City cross-appeals the determination of the accrual date for interest. We reverse the summary judgment in favor of the City and reject its cross-appeal.

Plaintiffs applied to the City for permits to build a...

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