CITY OF COMMERCE CITY v. ENCLAVE WEST, INC.

No. 07SC445.

185 P.3d 174 (2008)

CITY OF COMMERCE CITY, a Colorado municipal corporation, Petitioner v. ENCLAVE WEST, INC., a Colorado nonprofit corporation, Respondent.

Supreme Court of Colorado, En Banc.

June 2, 2008.


Attorney(s) appearing for the Case

Nathan, Bremer, Dumm & Myers, P.C., J. Andrew Nathan, Allyson C. Hodges, Marni Nathan Kloster, Berg, Hill, Greenleaf & Ruscitti, LLP, Thomas E. Merrigan, Denver, Colorado, Attorneys for Petitioner.

Lawlis & Bruce, LLC, Robert J. Bruce, Delphine L. Farr, Denver, Colorado, Attorneys for Respondent.


Justice HOBBS delivered the Opinion of the Court.

In this C.R.C.P. 106(a)(4) proceeding, we granted certiorari to review the unpublished decision of the court of appeals in Enclave West, Inc. v. City of Commerce City, No. 05CA2686, 2007 WL 1079942 (April 12, 2007).1 Enclave West, Inc. ("Enclave West") has been operating a licensed private social club in an industrially zoned area of the City of Commerce City ("Commerce City") since...

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