City of Englewood v. Apostolic Christian Church

Plaintiffs in error will be referred to as Englewood, and defendants in error as the church or by the names of the individuals as circumstances may require.

The action was commenced by the church and Herman and Esther Hess against Englewood, its Board of Adjustment and Appeals and its Building Inspector, seeking relief by declaratory judgment and otherwise with relation to certain portions of the Englewood Zoning Ordinances which they alleged to be invalid.

The case was tried upon stipulated facts, which so far as pertinent are as follows: Mr. and Mrs. Hess had arranged to give the church a…