Davidson Chevrolet, Inc. v. City & County of Denver

The vicissitudes of this controversy in the District Court of Denver and in this court bring it here for the third time. For a better understanding of the present disposition we make of this matter a reading of our opinion in Davidson Chevrolet, Inc. v. Denver, et al., 137 Colo. 575, 328 P. (2d) 377, is required, since the problem now before us is the sequel of what we there held.

On December 4, 1957, the trial court overruled defendants’ (Denver’s and others’) motion to dismiss plaintiffs’ amended complaint, and thereupon entered judgment in favor of the plaintiffs, affording to the…