Deighton v. City Council of Colorado Springs

Opinion by

Judge DAVIDSON.

Plaintiff, Darryl Deighton, d/b/a First Amendment Bookstore, appeals from the summary judgment entered in favor of defendants, the City Council of Colorado Springs and its included members in their official capacity (collectively City Council). On alternative theories of state law and federal constitutional law, plaintiff claimed that defendants’ temporary moratoria on new adult uses within the city were invalid. Because we agree that the moratoria were improperly enacted, we reverse and remand for further proceedings.

The parties stipulated to the following facts.…