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DEIGHTON v. CITY COUNCIL OF COLORADO SPRINGS

No. 93CA1155.

902 P.2d 426 (1994)

Darryl DEIGHTON, d/b/a First Amendment Bookstore, Plaintiff-Appellant, v. CITY COUNCIL OF COLORADO SPRINGS, an incorporated municipality, Robert Isaac, Leon Young, Lisa Are, Cheryl Gillaspie, John Hazelhurst, Mary Lou Makepeace, Randy Purvis, Larry Small, David White, in their official capacities only as members of the Colorado Springs City Council, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 2, 1995.

Certiorari Granted August 21, 1995.

Attorney(s) appearing for the Case

Arthur M. Schwartz, P.C., Arthur M. Schwartz, Bradley J. Reich, Michael W. Gross, Denver, Philip J. Anderson, Colorado Springs, for plaintiff-appellant.

James G. Colvin, II, City Atty., Office of the City Atty., Colorado Springs, for defendant-appellee.

Opinion by Judge DAVIDSON.

Plaintiff, Darryl Deighton, d/b/a First Amendment Bookstore, appeals from the summary judgment entered in favor of defendants, the City Council of Colorado Springs and its included members in their official capacity (collectively City Council). On alternative theories of state law and federal constitutional law, plaintiff claimed that defendants' temporary moratoria on new adult uses within the...

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