P-W Investments Inc. V. City Of Westminster

The appellant P.W. Investments (P.W.I.), with financing provided by appellant Percy Wilson Mortgage and Finance Company (Wilson), owns land involved in a two-phased real estate development called Rancho Pecos. Phase One of the development resulted in the construction of apartment buildings and that part of the development has since been sold by P.W.I. Phase Two of the development, which underlies this controversy, consists of real estate to be used for the future construction of additional apartment buildings and a number of water and sewer taps that have been installed and paid for but are not presently being utilized. P.W.I. and Wilson filed two lawsuits against the City of Westminster and its City Council (collectively referred to as Westminster) for declaratory and injunctive relief and for relief in the nature of prohibition and mandamus under C.R.C.P. 106(a)(4). The issues in both lawsuits centered on Westminster Ordinance No. 1031, enacted in 1977, which restricted the issuance of building permits due to limited water and sewer capacity. The Adams County District Court denied relief to P.W.I. and Wilson. Finding no error, we affirm the judgment.