Mosgrove v. Town of Federal Heights

This is an appeal from a trial court ruling upholding the constitutionality of ordinance in the Town of Federal Heights requiring the construction of two types of fencing for multi-family dwellings. We affirm.

The ordinance in question requires six foot board fences to be erected around trash collection areas (trash receptacle fencing) and wood or masonry fences to be erected around the side and rear lot boundaries (perimeter fencing) of multi-family dwellings. Plaintiffs-appellants, five named individuals, brought an action for a declaratory judgment, alleging that the ordinance violates…