Bauer v. City of Wheat Ridge

The plaintiffs Mr. and Mrs. Bauer own real property in the City of Wheat Ridge. The property is located in an area designated by ordinance as a flood plain. As zoned, the Bauers could build an apartment house on this property, provided they met the criteria in the flood plain ordinance for a “special exception.” Bauers’ application for the “special exception” was denied by the city council.

Bauers appealed the city council’s denial to the district court pursuant to C.R.C.P. 106(a)(4). The district court found that the council had acted arbitrarily in denying the “special exception” permit and…