City of Colorado Springs v. Kitty Hawk Development Co.

Defendant in error, Kitty Hawk Development Company, hereinafter designated as plaintiff or Kitty Hawk, instituted this action against the plaintiff in error, City of Colorado Springs, hereinafter designated as defendant or City, to recover the sum of $25,378.08 paid by it to the City. It alleged that the payment was made pursuant to Section 2E (1) of the City’s Subdivision Ordinance, No. 1987, as amended and that the said section was unconstitutional, specifying numerous grounds therefor. Trial was to the court and at the conclusion thereof the court rendered judgment for plaintiff in the…