City of Englewood v. Rich

DUBOFSKY, Justice.

We granted certiorari to review the Court of Appeals’ judgment in City of Englewood v. Rich, 657 P.2d 961 (Colo.App. 1982) which affirmed a district court order enjoining operation of a water tower built by the City of Englewood in violation of Englewood’s zoning ordinances. We vacate the judgment and remand the case for the district court to consider an amendment to the ordinance.

In April of 1980, the plaintiffs brought suit to enjoin Englewood from constructing a water tower within Englewood city limits. The plaintiffs contended that the tower would violate Englewood’s…