Town of Erie v. Eason

• Citation: 18 P.3d 1271
• Decision Date: 20 February 2001
• Docket Number: No. 99SC835.,99SC835.
• Parties: The TOWN OF ERIE, a Colorado statutory town; Victor F. Smith, Mayor; Richard Sisk, Lynn Morgan, Judi Haglin, Thomas Van Lone, Dennis Wiley, Debbie Langerak, Trustees for the Town of Erie; Cindy Keith and Macolm Lopez, Former Trustees for the Town of Erie; Lisa M. Marino, Town Clerk; and Herbert Paddock, Chief Building Official, Petitioners, v. W. Robert EASON, Respondent.
• Court: Supreme Court of Colorado

18 P.3d 1271

The TOWN OF ERIE, a Colorado statutory town; Victor F. Smith, Mayor; Richard Sisk, Lynn Morgan, Judi Haglin, Thomas Van Lone, Dennis Wiley, Debbie Langerak, Trustees for the Town of Erie; Cindy Keith and Macolm Lopez, Former Trustees for the Town of Erie; Lisa M. Marino, Town Clerk; and Herbert Paddock, Chief Building Official, Petitioners, v. W. Robert EASON, Respondent.

No. 99SC835.

Supreme Court of Colorado, En Banc.

February 20, 2001.

Rehearing Denied March 12, 2001.

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Mark R. Shapiro, P.C., Mark R. Shapiro, Boulder, CO, Attorneys for Petitioners.

French & Stone, P.C., Joseph C. French, David M. Haynes, Boulder, CO, Attorneys for Respondent.

JUSTICE MARTINEZ delivered the Opinion of the Court.

The town of Erie sought to enjoin a landowner who had not obtained a building permit from using semi-trailers as rental storage units. In granting the injunction, the trial court held that a building permit was required, reasoning that the semi-trailers were structures within the meaning of the Uniform Building Code (UBC), adopted in the Erie Building Code, because the landowner intended to use the semi-trailers as public rental storage units. On appeal, the court of appeals reversed the trial court's decision, concluding that the semi-trailers did not fall within the purview of the UBC because they were not permanently affixed to the land. Eason v. Town of Erie, 997 P.2d 1235, 1237 (Colo.App.1999).

We disagree with the court of appeals' interpretation of the pertinent provisions of the UBC. We do not agree that whether the semi-trailers are permanently affixed to the land is determinative of whether the trailers are structures and, therefore, subject to the requirements of the UBC. As the trial court did, we look to the intended use of the semi-trailers to determine whether they are structures within the meaning of the code. Here, the landowner intended to use the semi-trailers as public rental storage units. Accordingly, the landowner must comply with the building code and apply for a building permit before he may use the semi-trailers as public rental storage units. Therefore, we reverse the judgment of the court of appeals and remand the case to that court with directions to address the remaining issues on appeal in a manner consistent with this opinion.

I.

The facts necessary to resolve the issue before us are either uncontested or were resolved by the trial court. Although we rely entirely on the uncontested and resolved facts to reach our decision, we mention some of the disputed facts to provide an understanding of each party's position.

In September of 1994, Robert Eason contacted John Lyons, the assistant town administrator for the town of Erie, to obtain information concerning his proposal to rent semi-trailers as self-storage units on industrially-zoned property that he intended to purchase. Lyons confirmed that the land Eason proposed to purchase could indeed be used for the placement of storage facilities, and he suggested that Eason take the proposal to Erie's planning and zoning commission (the commission). Eason claims that Lyons gave him an extensive compliance list, which included fire district issues concerning access, but that Lyons did not mention that the UBC might require a building permit. Eason further contends that Lyons assured him that the proposed use was a use-by-right under the zoning code governing property in the area.

Following Lyons's suggestion, Eason presented his plan to the commission during the audience business portion of the commission's November 3, 1994 meeting. Because the Erie zoning code does not allow the commission to take action on any proposal presented as audience business, and since Eason did not actually own any land at the time of his presentation, the commission neither approved nor disapproved his proposal. Instead, the commission informed Eason that the property in question had been zoned in a manner that allowed storage facilities. The commission's only other comments related to the aesthetics of Eason's plan, such as suggesting that he paint the semi-trailers alike and that he pave the lot to make it free of dust.

Although Erie asserts that Eason presented his proposal during the audience business portion of the meeting, Eason claims that he believed he was going through the proper procedure for having his proposal examined by the commission. Eason alleges that during his presentation he stated that the trailers were not buildings, and that none of the commission members mentioned the applicability of the UBC. Eason further claims that the vice-chairman of the commission stated, "Well, it being a use-by-right ... we're not going to stop you." Relying on these statements, Eason chose to go forward with his proposal.

After the meeting, Eason did not contact the commission again. Instead, when the lot he had proposed to buy was bought by an adjoining landowner, Eason informed Lyons that the project would not proceed for some time. Eason alleges that he asked Lyons for a letter outlining his rights and assuring that he would not lose those rights because of the delay. Eason claims that Lyons refused to write such a letter, stating, "I don't think it's going to matter; it's a use-by-right." Eason further claims that Lyons told him to bring site-plans by when he was ready to do some work, but that Lyons never advised Eason to apply for a building permit.

In February 1995, Eason purchased a lot next to the one that he had discussed in his proposal. In October 1995, Eason met with Herb Paddock, Erie's new building official. Paddock allegedly told Eason that the semi-trailer storage project was inconsistent with the zoning code, the new building code, and floodplain regulations. Later that month, Paddock sent a memo to the fire marshal indicating that Erie had denied Eason's request.

Despite Paddock's statements to him, Eason moved sixteen semi-trailers onto his lot on January 13-14, 1996, and placed them immediately next to one another on the property line. Two days later, on January 16, the Mountain View Fire Protection District (the fire district) issued an immediate order for Eason to comply with the Uniform Fire Code (fire code). Eason began to address some of the fire district's concerns, and the fire district, in response, chose to put its requirements on hold until Eason and Erie resolved the dispute over whether Eason's project required a building permit.

Without seeking approval from either Erie or the fire district, Eason placed three more semi-trailers on the property on the weekend of September 21 and 22, 1996. Thereafter, Erie filed a complaint in Weld County District Court on September 26, 1996, seeking to enjoin Eason from placing more trailers on the property. Eason then denied any alleged violations of the zoning code, building code, floodplain ordinance, fire code, and Erie Ordinance 511. Eason also asserted defenses, including bad faith on the part of Erie, laches, estoppel, waiver, abandonment, lawfulness of the trailers, and a claim that Ordinance 511 was unconstitutional. Eason further asserted counterclaims for declaratory and injunctive relief. In response, Erie moved to dismiss Eason's counterclaims.

The trial court treated Erie's motion to dismiss as a motion for summary judgment, and found that: (1) Eason's trailers were "structures" under the UBC requiring building permits; (2) Erie conceded that storage facilities were a use-by-right under the zoning; (3) Eason could utilize the property for storage if he complied with the building code; (4) Eason need not obtain a business license because Erie lacked a business license ordinance; (5) Erie conceded that ordinance 511 did not apply; and (6) Erie had not committed a taking without just compensation. In an amended order, the trial court also ruled that Eason could lawfully store his empty trailers on his lot without a building permit. The trial court based this later ruling on its holding that "semi-trailers become structures only if used as such." The trial court reasoned that without the intent to use the trailers as public self-storage facilities, the trailers would not become structures.

On appeal, the court of appeals reversed the trial court's decision and provided that the parties could litigate the other issues raised below. We granted certiorari to review the court of appeals' determination.¹

II.

Initially, we note that interpretation of a municipal ordinance involves a question of law. Cherry Hills Farms, Inc. v. City of Cherry Hills Vill., 670 P.2d 779, 782 (Colo. 1983). Therefore, the interpretation of a municipal ordinance is subject to our de novo review. People v. J.D., 989 P.2d 762, 769 (Colo.1999); People v. Romero, 953 P.2d 550, 555 (Colo.1998).

Erie's Building Code is embodied in Ordinance 480, which adopts the Uniform Building Code in its entirety. Under the UBC,

No building may be constructed, erected, moved, added to, or structurally altered without first having obtained the necessary permits.

UBC § 106.1. The code defines a "building" as "any structure used or intended for supporting or sheltering any use or occupancy." UBC § 204. Thus, in effect, the code provides that a permit is required for "any structure used or intended for supporting or sheltering any use or occupancy." Therefore, both the trial court and the court of appeals focused their inquiries on the meaning of the term "structure."

In its decision, the trial court's interpretation of structure was based on the intended use of the semi-trailers. The trial court noted that semi-trailers are normally used to haul goods over the road, and when used in such a manner, semi-trailers are clearly not structures. However, when semi-trailers are parked and used as permanent public storage units, their character changes from transportation devices to storage devices. Based on this analysis, the trial court found that the semi-trailers...