City of Colorado Springs v. Miller

The defendant in error, Miller, was petitioner in the trial court and plaintiffs in error, City of Colorado Springs and Ray the building inspector, were respondents. Reference will be made to them as Miller, the city, and the building inspector.

Miller is the owner of a small dwelling house built on a lot 45x90 feet, facing north on Fontanero street and just west of the public alley as it intersects Fontanero street. To the west of petitioner’s property is the Musiek Drug Store built close to the west line of the 45x90 lot adjoining’ that of the petitioner, leaving a space of some-37 feet…