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HILLSIDE COMMUNITY CHURCH v. OLSON

Nos. 01SC808, 01SC878.

58 P.3d 1021 (2002)

HILLSIDE COMMUNITY CHURCH, S.B.C., a non-profit corporation; First Bank of Arvada, N.A; The City of Golden, a Colorado municipal corporation; and the City Council of the City of Golden, Petitioners, v. Marian L. OLSON and Ida M. Brueske, Respondents. The City of Golden, a Colorado municipal corporation; and the City Council of the City of Golden, Petitioners, v. Marian L. Olson and Ida M. Brueske, Respondents.

Supreme Court of Colorado.

Rehearing Denied December 16, 2002.

Attorney(s) appearing for the Case

The Overton Law Firm, Thomas J. Overton, Denver, CO, Attorneys for Petitioner Hillside Community Church.

Otten, Johnson, Robinson, Neff, & Ragonetti, PC, J. Thomas MacDonald, Griffiths, Tanoue, Light, Harrington & Dawes, P.C., Steven J. Dawes, Denver, CO, Attorneys for Petitioners City of Golden and The City Council of the City of Golden.

Victor F. Boog & Associates, PC, Victor F. Boog, Linda A. Battalora, Lakewood, CO, Attorneys for Respondents.

Geoffrey T. Wilson, Carolynne C. White, Denver, CO, Attorneys for Amicus Curiae the Colorado Municipal League.

Josh A. Marks, Hall & Evans, LLC, Denver, CO, Attorneys for Amicus Curiae Colorado Counties, Inc.

Justice RICE delivered the Opinion of the Court.

In this combined proceeding, we granted certiorari to determine whether the requirement in the Golden Municipal Code (GMC) that a public hearing be held before a special use permit is issued affords neighboring landowners a property right in that procedure warranting the protection of Fourteenth Amendment due process guarantees.1

The trial court held, and the court of appeals affirmed...

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