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Colorado Court of Appeals affirms summary judgment in favor of City of Littleton

Post Date:03/08/2018 4:30 p.m.

The Colorado Court of Appeals has affirmed the district court’s grant of summary judgment in favor of the City of Littleton in the case of Leah Burkett vs. City of Littleton. The litigation concerned the mixed-use project under construction at the southwest corner of Littleton Boulevard and Bemis Street. Burkett filed suit October 5, 2015 against the city and the developer of the project, Zocalo Community Development, seeking a determination in Arapahoe County District Court that she was entitled to appeal approval of a Site Development Plan to the Board of Adjustment.  Judge Kurt Horton issued a Declaratory judgment in favor of the city August 29, 2016. Burkett appealed that decision to the Colorado Court of Appeals.

“Because the city’s interpretation of the Code is consistent with the legislative intent as manifested by a harmonious reading of the plain language of the Code as a whole, we defer to the City’s interpretation,” wrote Appeals Court Judge Henry H. Nieto with concurrency by Judges Robert Hawthorne and Jerry N. Jones.

“The city is gratified with the Court of Appeals decision,” said Littleton City Attorney Steve Kemp. “The court correctly recognized the importance of giving due deference to the decision of the city council and how the city interprets its own code,” he added.

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