Constitutional Law – Due Process – Zoning Restrictions Requiring Land Owners to Provide Off-Street Parking
In 1956 the City of Denver passed an ordinance requiring land owners to provide off-street parking if and when they erect new buildings or make structural alterations or change the existing use of the land. The restriction applied to a district adjacent to the traditional downtown district which was in the process of changing from residential to commercial. The ordinance did not specify whether the property owners retained control over parking areas, but the city argued that parking could be restricted to persons using the property. Plaintiff property owners alleged the ordinance was unconstitutional and were granted a declaratory judgment by the trial court. On appeal, held, affirmed, three judges dissenting. A zoning ordinance requiring off-street parking is not a legitimate exercise of the police power and thus violates the state constitution by taking property without due process and without just compensation. City and County of Denver v. Denver Buick, Inc., (Colo. 1960) 347 P. (2d) 919.