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TOWN OF DILLON v. YACHT CLUB CONDO. ASSN.

Supreme Court Case No. 12SC104.

325 P.3d 1032 (2014)

2014 CO 37

TOWN OF DILLON, Colorado, Petitioner v. YACHT CLUB CONDOMINIUMS HOME OWNERS ASSOCIATION, Steve Delaney, and Robert R. Duncan, Respondents.

Supreme Court of Colorado.

May 27, 2014.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Nathan, Bremer, Dumm & Myers, P.C., J. Andrew Nathan , Ellis J. Mayer , Denver, CO.

Attorneys for Respondents: Davis Graham & Stubbs LLP, Richard P. Holme , Andrew M. Low , Denver, CO, Gassman Law Firm, LLC, Edward C. Gassman , Loveland, CO.

Attorneys for Amicus Curiae Colorado Apartment Association: Tschetter, Hamrick, Sulzer, PC, Andrew C. Hamrick , Mark N. Tschetter , Victor L. Sulzer , Denver, Colorado.

Attorney for Amicus Curiae Colorado Municipal League: Colorado Municipal League, Rachel L. Allen , Denver, Colorado.

En Banc

JUSTICE MÁRQUEZ delivered the Opinion of the Court.

¶ 1 In 2009, the Town of Dillon ("Town") enacted two municipal ordinances, one authorizing a local road improvement project, and the other concerning parking enforcement on the public right-of-way. Owners of the Yacht Club Condominiums ("YCC") challenged the ordinances. They alleged, among other things, that the ordinances were an unreasonable exercise of the Town's police power because they eliminated...

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