Hartley v. City of Colorado Springs

YOLLACK, Justice.

Hazel and Joseph Hartley appeal the decision of the El Paso County District Court denying their claims for relief under C.R.C. P. 106(a)(4). The Hartleys claim that the Colorado Springs City Council (city council) abused its discretion in reconsidering a decision following a tie vote at a prior meeting and applied the incorrect standard in deciding that the Hartleys had “discontinued” their nonconforming use in violation of section 14-13-101(E) of the Colorado Springs Zoning Code. They also argue that the phrase “normal use” in section 14-13-101(E) is unconstitutionally…