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JAM RESTAURANT, INC. v. CITY OF LONGMONT

No. 04CA1705.

140 P.3d 192 (2006)

JAM RESTAURANT, INC., a Colorado corporation, d/b/a Bella's Cabaret, Plaintiff-Appellee and Cross-Appellant, v. CITY OF LONGMONT, an incorporated home rule municipality, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

Certiorari Denied July 31, 2006.

Attorney(s) appearing for the Case

Schwartz & Goldberg, P.C., Arthur M. Schwartz, Michael W. Gross, Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Claybourne M. Douglas, City Attorney, Longmont, Colorado; Arrington & Associates, P.C., Barry K. Arrington, Arvada, Colorado, for Defendant-Appellant and Cross-Appellee.

Erin E. Goff, Denver, Colorado, for Amicus Curiae Colorado Municipal League.

KIRSHBAUM**, Justice.

Defendant, City of Longmont, appeals the trial court's order precluding the amortization, under a municipal zoning ordinance, of the sexually oriented business operated by plaintiff, JAM Restaurant, Inc., and upholding the constitutionality of § 38-1-101(3)(a), C.R.S.2005. JAM cross-appeals the trial court's determination that the judicial review provisions of the municipal ordinance do not violate the First...

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