Winters v. City of Commerce City

TURSI, Judge.

Plaintiffs appeal a summary judgment dismissing their second, third, and fourth claims for relief against defendants which sought declaratory relief, compensatory and exemplary damages, and costs for the denial of a building permit to construct a building on their property. We reverse in part and affirm in part.

In 1976, plaintiffs, doing business as Acme Tree Service, applied for a rezoning of the property from a split-zoned residential^ (R-2) and industrial-2 (1-2) designation to 1-2. Plaintiffs requested the rezoning “strictly for parking of equipment” (emphasis in original)…