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MAHANEY v. CITY OF ENGLEWOOD

No. 08CA1505.

226 P.3d 1214 (2009)

Mike MAHANEY, Plaintiff-Appellant, v. CITY OF ENGLEWOOD, Colorado, a home rule city and a Colorado municipal corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing January 21, 2010.

Attorney(s) appearing for the Case

Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Jim Johnson, Bill E. Kyriagis, Denver, Colorado; Mark Silverstein, Denver, Colorado, for Plaintiff-Appellant.

Daniel L. Brotzman, City Attorney, Nancy N. Reid, Assistant City Attorney, Dugan S. Comer, Assistant City Attorney, Englewood, Colorado, for Defendant-Appellee.

Opinion by Judge HAWTHORNE.

We are called upon to review a constitutional challenge to the Englewood Sign Code, which is contained in the Englewood Municipal Code. Plaintiff, Mike Mahaney, appeals the trial court's summary judgment for the City of Englewood. We reverse the judgment and remand with instructions to enter judgment for Mahaney.

I. Undisputed Facts and Procedural History

Mahaney owns and operates Headed West, a shop that sells pipes and...

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