Rich v. City of Englewood

VAN CISE, Judge.

This case involves the alleged non-compliance by the defendant, City of Englewood (the city), with its own zoning ordinance. The city appeals an order preliminarily enjoining it from proceeding further with the construction or utilization of a water tower and an order denying its motion to dissolve the preliminary injunction. We affirm.

The city constructed, but because of this litigation has not yet commenced using, a 135.64 foot water tower on a site owned by it within the city. The area is zoned R-3 (high density residential). The height limitation for any structure in an…