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COLORADO SPRINGS v. SECURCARE SELF STORAGE

No. 99SC200.

10 P.3d 1244 (2000)

CITY OF COLORADO SPRINGS, a Colorado municipal corporation; the City of Colorado Springs Planning Commission; and the City Council of the City of Colorado Springs, Petitioners, v. SECURCARE SELF STORAGE, INC., a Colorado corporation, and Amoco Oil Company, a Maryland corporation, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 23, 2000.

Attorney(s) appearing for the Case

Patricia K. Kelly, City Attorney, Stephen K. Hook, Assistant City Attorney, Colorado Springs, Colorado, Attorneys for Petitioners.

Deutsch, Spillane & Reutzel, P.C., John M. Spillane, David Wm. Foster, Denver, Colorado, Attorneys for Respondents.

Justice MARTINEZ delivered the Opinion of the Court.

In this zoning case, the petitioners seek review of a court of appeals' judgment upholding a district court's ruling that the City of Colorado Springs' zoning authorities may not deny a permitted use.1 We do not agree with the court of appeals. We hold that the plain language of the City of Colorado Springs' Zoning Code allows the zoning authorities to review and deny a permitted use...

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