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CHEROKEE WATER & SANTITATION v. EL PASO

No. 87CA1529.

770 P.2d 1339 (1988)

CHEROKEE WATER & SANITATION DISTRICT, Triview Metropolitan District, Sunset Metropolitan District, Falcon Properties and Investments, a Colorado partnership, and Woodmen Hills, Inc., a Colorado corporation, Plaintiffs-Appellants, v. EL PASO COUNTY and Charles H. Meier, Jr., Marcy Morrison, James Campbell, Terry R. Harris, and Loren R. Whittemore, as the County Commissioners of El Paso County, Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 26, 1989.

Certiorari Denied March 27, 1989.

Attorney(s) appearing for the Case

Susemihl, Lohman, Kent, Carlson & McDermott, P.C., Peter M. Susemihl, Colorado Springs, Saunders, Snyder, Ross & Dickson, P.C., William B. Tourtillot, Jr., Denver, for plaintiffs-appellants.

Beth A. Whittier, County Atty., Colorado Springs, Holme Roberts & Owen, Michael F. Browning, Raymond L. Petros, Jr., Richard A. Johnson, Boulder, for defendants-appellees.

VAN CISE, Judge.

In November 1986, the Board of County Commissioners of El Paso County (the county) amended its subdivision regulations by adopting a requirement that a developer must demonstrate that he has water supplies available sufficient for 300 years before a new residential subdivision will be approved. Plaintiffs challenged this amendment and the 300 year water policy incorporated therein by bringing this action seeking a declaratory judgment that the regulation...

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