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WOLF RANCH, LLC v. CITY OF COLORADO SPRINGS

No. 07CA2184.

207 P.3d 875 (2008)

WOLF RANCH, LLC, a Colorado limited liability company, Petitioner-Appellant and Cross-Appellee, v. CITY OF COLORADO SPRINGS, a Colorado home-rule city, Respondent-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. II.

November 13, 2008.

Attorney(s) appearing for the Case

Flynn Wright & Fredman, LLC, Bruce M. Wright, J. Gregory Walta, P.C., J. Gregory Walta, Colorado Springs, CO, for Plaintiff-Appellant and Cross-Appellee.

Patricia K. Kelly, City Attorney, Thomas Marrese, Assistant City Attorney, Colorado Springs, CO, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge CONNELLY.

This case raises issues of first impression under the Regulatory Impairment of Property Rights Act (Act), §§ 29-20-201to -205, C.R.S.2008. The Act enhances constitutional protections against takings of property through certain local land use decisions.

Petitioner, Wolf Ranch, LLC, contends respondent, City of Colorado Springs, violated the Act by refusing to exempt it from drainage fees imposed on land developers. We hold...

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