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Channel: Colorado Supreme Court – Justia Real Estate & Property Law Opinion Summaries
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Sender v. Cygan

The Supreme Court was asked to respond to a certified question posed by the United States Bankruptcy Court for the District of Colorado. The question arose out of an adversary proceeding in which the...

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Amos v. Aspen Alps 123, LLC Real Property

Prior to a foreclosure sale, Petitioner Betty Amos and her late husband, Thomas Righetti, owned a condominium unit in Aspen. Amos borrowed approximately $1.6 million from Equitable Bank securing the...

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Archuleta v. Gomez

This adverse possession dispute between neighbors was appealed to the Supreme Court after a remand. The case below concerned legal interests in water and easement rights for three ditches diverting...

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Larrieu v. Best Buy Stores, L.P.

The Supreme Court considered a reformulated certified question from the U.S. Court of Appeals for the Tenth Circuit: whether Colorado’s premises liability statute applied as a matter of law only to...

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Shaw v. 17 West Mill St.

Plaintiff Dennis Shaw and First Horizon Home Loan Corporation challenged an appellate court's ruling that "constructive fraud" was sufficient to void a request for release of a deed of trust, arguing...

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Vermillion Ranch Limited Partnership v. Raftopoulos Brothers

The issue before the Supreme Court in this case centered on two water rights cases involving Raftopoulos Brothers (Raftopoulos) and Vermillion Ranch Limited Partnership (Vermillion). In Case No....

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Asmussen v. United States

The Colorado Supreme Court answered a question of Colorado law certified from the United States Court of Federal Claims. Plaintiffs were landowners who owned property abutting a former railroad...

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Atlantic Richfield Co. v. Whiting Oil and Gas Corp.

The issue before the Supreme Court in this case called for a determination of whether section 15-11-1106(2) C.R.S. (2013) required a court to reform a revocable option that was negotiated as part of a...

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County of Teller Bd. of County Comm’rs v. City of Woodland Park

The Board of Commissioners of the County of Teller filed a petition seeking the district court's review of the City of Woodland Park's annexation of certain real property. Upon review of the petition...

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RTD v. 750 West 48th Ave., LLC

In 2011, In 2011, Regional Transportation District (“RTD”) filed a petition in condemnation against 750 West 48th Avenue, LLC (“Landowner”) to acquire approximately the approximately 1.6 acre property...

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Klingsheim v. Cordell

The Cordells were the record owners of a tract of land in La Plata County (Tract1), and Mr. Cordell was also the record owner of an adjoining tract that had been deeded to him by his grandmother...

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Fleury v. IntraWest Winter Park Operations Corp.

Petitioner Salynda E. Fleury brought a negligence and wrongful death suit against respondent IntraWest Winter Park Operations Corporation (“Winter Park”) after her husband was killed in an in-bounds...

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Pandy v. Independent Bank

The issue this case presented for the Colorado Supreme Court's review centered on whether a property titled in the name of a judgment debtor's co-settled revocable trust was subject to a judgment lien...

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Open Door Ministries v. Lipschuetz

Jesse Lipschuetz lived next door to Open Door Ministries. Lipschuetz filed claims against the City of Denver and Open Door looking to revoke a rooming and boarding permit the City granted to Open...

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Colorado Dept. of Transportation v. Amerco Real Estate

The Department of Transportation petitioned to acquire property owned by Amerco Real Estate Co. and occupied by U-Haul Co. by eminent domain, asserting that the property in question was necessary for...

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Pulte Home Corp. v. Countryside Cmty. Ass’n, Inc.

The Countryside Townhome Subdivision was a residential common interest community. The homeowners association for the Subdivision filed a complaint against the developer, seeking over $400,000 in...

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Ryan Ranch Cmty. Ass’n, Inc. v. Kelley

Ryan Ranch was a residential common interest community. The homeowners association filed a complaint against several low owners abutting Ryan Ranch, seeking past-due assessments, penalties and fees...

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In re Goodman v. Heritage Builders

This case centered on the design and construction of a single-family residence in Pitkin County, Colorado. Heritage Builders, Inc. (“Heritage”) was retained as the general contractor by the original...

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JPMorgan Chase Bank N.A. v. McClure

This case concerned the relative priority of competing charging orders filed by 15 multiple judgment creditors against a foreign judgment debtor’s membership interests 16 in several Colorado limited...

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Forest City v. Rogers

In 1990, after Denver determined that it needed a new airport, a group of citizens formed the Stapleton Redevelopment Foundation to develop the former Stapleton International Airport. The Stapleton...

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