City of Aspen v. Marshall

In spring of 1990, Ronnie Marshall built a hot tub and deck in her back yard, located above Hallam Lake in Aspen, Colorado. Thereafter, Marshall applied for a building permit, and the Aspen Planning and Zoning Commission (the Commission) denied Marshall’s application. Marshall sought review of that denial in the district court. The district court denied relief, granted summary judgment in favor of the City of Aspen (the City) and the Commission, and granted the City and the Commission an injunction ordering removal of the hot tub and deck from the property. Marshall v. City of Aspen, No.…