Stroud v. City of Aspen

Because the constitutionality of a city ordinance was challenged in this action, original appellate jurisdiction is in this court (section 13-4-102(l)(b), C.R.S. 1973).

In 1971 the plaintiffs (the Strouds) applied for a building permit to erect a business building in a commercial core (C-C) area in the City of Aspen (the city). The permit was denied until the Strouds complied with the city’s ordinance relating to furnishing off-street parking. The ordinance contained a two-pronged option: an applicant for a permit in a C-C district (1) must either provide parking spaces on-site pursuant to a…