Berger v. City of Boulder

Opinion by

Judge J. JONES.

In this C.R.C.P. 106(a)(4) proceeding, defendants, the City of Boulder and the Boul der City Council (collectively, the City), appeal the district court's judgment declaring invalid the City's conditional approval of plaintiff Thunderbird Burgers, LLC's application for a use review. Specifically, the district court declared invalid the condition that requires Thunderbird Burgers to cease selling alcohol after 11:00 p.m. Because we conclude that the condition constitutes an impermissible attempt to regulate the sale of alcoholic beverages, we affirm.

I. Background

Thunder…