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HARTLEY v. CITY OF COLORADO SPRINGS

No. 87SA186.

764 P.2d 1216 (1988)

Hazel HARTLEY and Hartley & Sons, Inc., a Colorado corporation, Plaintiffs-Appellants, v. CITY OF COLORADO SPRINGS; The City Council, Colorado Springs; Robert M. Isaac, Mayor; Leon Young, Vice Mayor; Wilton Cogswell, Frank Parisi, William Snyder, Bruce Shepherd and Mary Ellen McNally, each in their official capacity; Walt Kreidel, Zoning Inspector, in his official capacity; Marty Miller and Hope Fonseca, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

November 28, 1988.

Attorney(s) appearing for the Case

John Randolph Torbet, Colorado Springs, for plaintiffs-appellants.

James G. Colvin, II, City Atty., M. Allen Ziegler, Jr., Chief Corporate Atty., Colorado Springs, for defendants-appellees.

VOLLACK, Justice.

Hazel and Joseph Hartley appeal the decision of the El Paso County District Court denying their claims for relief under C.R.C. P. 106(a)(4). The Hartleys claim that the Colorado Springs City Council (city council) abused its discretion in reconsidering a decision following a tie vote at a prior meeting and applied the incorrect standard in deciding that the Hartleys had "discontinued" their nonconforming use in violation of section 14-13-101(E) of...

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