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FORT COLLINS v. ROOT OUTDOOR ADVERTISING

No. 88SC413.

788 P.2d 149 (1990)

CITY OF FORT COLLINS, Colorado, a municipal corporation, Petitioner, v. ROOT OUTDOOR ADVERTISING, INC.; Gardner Signs, Inc.; James H. Trujillo; Beverly Faye Trujillo; Paul D. Hendrickson; Gary Duncan and Ron Montross, d/b/a D.M.H. Enterprises, a Partnership; Thelma L. Walker; and Colorado Department of Highways, Respondents.

Supreme Court of Colorado, En Banc.

March 5, 1990.

Attorney(s) appearing for the Case

Anderson, Sommermeyer, Wick & Dow, Timothy J. Dow and Kent N. Campbell, Fort Collins, for petitioner.

Wood, Herzog, Osborn & Bloom, P.C., David L. Wood, Fort Collins, for respondents Root Outdoor Advertising, Gardner Signs, J. Trujillo, B. Trujillo, P. Hendrickson, D.M.H. Enterprises and T. Walker.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Lynn B. Obernyer, First Asst. Atty. Gen., Natural Resources Section, Denver, for respondent Colorado Dept. of Highways.

Geoffrey T. Wilson, Denver, for amicus curiae Colorado Mun. League.

Justice ROVIRA delivered the Opinion of the Court.

On certiorari review, the City of Fort Collins (City) challenges the court of appeals decision in Root Outdoor Advertising, Inc. v. City of Fort Collins, 759 P.2d 59 (Colo.App.1988), which held that (1) the City cannot require the removal of certain nonconforming signs, pursuant to a five-year amortization provision of its sign code, without paying just compensation; and (2...

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