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CITIZENS v. CITY OF STEAMBOAT SPRINGS

No. 89CA1633.

807 P.2d 1197 (1990)

CITIZENS FOR QUALITY GROWTH PETITIONERS' COMMITTEE, Mark Ellen Rubley, Jo Ann Baker, Lynne Van Westrenen, Charla Ann Thorstad, as Individuals and Members of the Citizens for Quality Growth Petitioners' Committee, Plaintiffs-Appellees, v. CITY OF STEAMBOAT SPRINGS, City Council of the City of Steamboat Springs, Les Liman, Julie Schwall, Pat Gleason, Mary Brown, Rita Valentine, Paula Black and Pete Wither, as Members of the City Council, and Sara Axelson, City Clerk of Steamboat Springs, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 18, 1990.

Certiorari Denied March 18, 1991.

Attorney(s) appearing for the Case

Klauzer & Tremaine, Richard Tremaine, Steamboat Springs, for plaintiffs-appellees.

Mattlage, Lettunich & Vanderbloemen, Anthony B. Lettunich, Ronald W. Stock, City Atty., Steamboat Springs, for defendants-appellants.

Gorsuch, Kirgis, Campbell, Walker & Grover, Gerald E. Dahl, Denver, for amicus curiae Colorado Municipal League.

Opinion by Judge NEY.

The City of Steamboat Springs, its city council, and city clerk appeal the summary judgment in favor of the plaintiffs, Citizens for Quality Growth Petitioners' Committee, ordering a referendum vote on rezoning. We affirm.

The City has a Commercial Resort Zone District (CR) zoning classification which permits as a use by right, only underground utility lines and/or parks. Any other use within a CR district is considered a conditional...

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