Clark v. Town of Estes Park
Supreme Court of Colorado
1Opinion of the Court
DUBOFSKY, Justice.
We granted certiorari to review the Court of Appeals’ decision in Clark v. Town of Estes Park, 654 P.2d 855 (Colo. App.1982). The Court of Appeals determined that a municipality may build a parking lot in an area zoned residential because the municipality is not bound by its own zoning ordinances when acting in a governmental, rather than a proprietary capacity. We reject the governmental/proprietary distinction, reverse the Court of Appeals’ decision, and remand this case for further proceedings.
The plaintiffs are owners of real property in the town of Estes Park (the…
2Cases cited16 opinions
- Harding v. Industrial CommissionSupreme Court of Colorado · 1973
- Evans v. Board of County CommissionersSupreme Court of Colorado · 1971
- City & County of Denver v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1919
- City of Fargo, Cass Cty. v. Harwood TownshipNorth Dakota Supreme Court · 1977
- Township of Washington v. Village of RidgewoodSupreme Court of New Jersey · 1958
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