Town of Erie v. Eason

Summary

The Colorado Supreme Court held that semi-trailers intended for use as public self-storage rental units constitute structures under the Uniform Building Code adopted by the Town of Erie. Because the trailers were subject to the building code, the landowner was required to obtain building permits, regardless of whether the trailers were permanently affixed to the land. The court reversed the court of appeals and remanded for consideration of the remaining issues.

Holdings

1. Semi-trailers intended to be used as public self-storage rental units are structures under the Uniform Building Code and therefore require the appropriate building permits.
2. Permanent attachment to land is not determinative of whether semi-trailers are structures subject to the UBC's permit requirements.

Questions Presented

1. Whether semi-trailers intended for use as public self-storage rental units are structures under the Uniform Building Code adopted by the Town of Erie.
2. Whether a structure must be permanently affixed to land before the town may require a building permit under the Uniform Building Code.

Disposition

reversed_and_remanded