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Kunz v. Cycles West Inc.
Plaintiff entitled to recover costs of renovating commercial property to attract new tenant where lease provides for such payment.
Real Property Oct. 16, 1998
Carron v. Board and Cuonty Commissioners
Delineation process established by county for zoning purposes within the authority of the county.
Real Property Oct. 16, 1998
Paloma Investment Limited Partnership v. Jenkins
Water rights agreements are real property rights binding on successor owners of the real property.
Real Property Oct. 14, 1998
Lazy Dog Ranch v. Telluray Ranch Corp.
Prior determination of easement's existence and dimensions doesn't create collateral estoppel concerning its use.
Real Property Sep. 14, 1998
State of Arizona v. Wells Fargo Bank of Arizona
Condemnee doesn't have to show unique or special damages to collect severance damages.
Real Property Aug. 26, 1998
Dakota Ridge Joint Venture v. City of Boulder
Order
Real Property Aug. 24, 1998
Pagosa Lakes Property Owners Assn. v. Caywood
Regulations adopted by homeowner's association valid under the Colorado Common Interest Ownership Act.
Real Property Aug. 5, 1998
SBKC Service Corporation v. 1111 Prospect Partners
Order
Real Property Jul. 30, 1998
Bittersweet Farms Inc. v. Zimbelman
Owner of upstream property has a natural easement over downstream property for discharge of irrigation water.
Real Property Jul. 22, 1998
Oral Roberts University v. Anderson
Order
Real Property Jul. 17, 1998
Quelimane Co. Inc. v. Stewart Title Guaranty Co.
Title insurers need not issue title insurance against their better judgment on particular land parcels.
Real Property Jul. 15, 1998
Lieff v. Medco Professional Services Corp.
Sale of business holding lease requires broker to hold real estate license despite no actual property transfer.
Real Property Jul. 10, 1998
Fleisher v. First National Bank of Telluride
Judgment lien recorded but later set aside remains in effect if opened but not vacated.
Real Property Jul. 10, 1998
Oklahoma Plaza Investors Ltd. v. Wal-Mart Stores Inc.
Order
Real Property Jul. 6, 1998
Lackner v. King
Deed that doesn't reference public document doesn't give sufficient notice of fiduciary capacity of grantee.
Real Property Jun. 11, 1998
Tiger v. Anderson
Limitations statute for fraudulent conveyance of land runs from date legal or equitable owner took possession.
Real Property Jun. 11, 1998
Cadle Company v. Russell
Order
Real Property May 31, 1998
O'Neill v. Simpson
Suit contesting court's subject matter jurisdiction in earlier case is barred by res judicata and collateral estoppel.
Real Property May 20, 1998
Skillstaff of Colorado Inc. v. Centex Real Estate Corporation
Temporary personnel agency doesn't have right to assert mechanic's lien.
Real Property May 19, 1998
Thompson v. City and County of Denver
Landowner's protected property interests extend only to lower bounds of navigable airspace.
Real Property May 19, 1998
Sherwood v. Panhandle Eastern Pipe Line Company
Order
Real Property May 14, 1998
W.W.G. Corporation v. Hughes
Common-law doctrine of retaliatory eviction isn't defense to unlawful detainer action.
Real Property May 6, 1998
Vigil v. Markson
Order
Real Property May 6, 1998
Midland Bank v. Galley Co.
Award of fees to receiver without hearing when party objects is abuse of discretion.
Real Property May 4, 1998
Chatfield East Well Company v. Chatfield East Property Owners Association
Homeowners control right to use not nontributary water under their lots.
Real Property Apr. 20, 1998
Molosz v. Hohertz
Landlords generally have no duty to protect third parties from torts of tenants.
Real Property Apr. 20, 1998
Plymouth Capital Company Inc. v. The District Court of Elbert County
Court may not stay Rule 120 proceedings pending outcome of related litigation.
Real Property Apr. 15, 1998
Werne v. Brown
Check to cure default is delivered when check put in mail, not when received.
Real Property Mar. 25, 1998
Cafeteria Operators L.P. v. AMCAP/Denver Limited Partnership
Opinion
Real Property Mar. 11, 1998
Save Park County v. Board of County Commissioner of the County of Park
Opinion
Real Property Mar. 6, 1998