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WHEATRIDGE LUMBER COMPANY, INC. v. VALLEY WATER DISTRICT

No. 88CA1584.

790 P.2d 874 (1989)

WHEATRIDGE LUMBER COMPANY, INC., A Colorado corporation and Charles F. Potuzak, an individual, Plaintiffs-Appellants, v. VALLEY WATER DISTRICT, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 7, 1989.

Certiorari Denied April 2, 1990.

Attorney(s) appearing for the Case

Weller, Friedrich, Ward & Andrew, Sheryl L. Anderson and Stephen J. Baity, Denver, and George W. Boyle, II, Arvada, for plaintiffs-appellants.

Anderson, Campbell and Laugesen, P.C., Edward H. Haffey and Georgia N. Parker, Denver, for defendant-appellee.

Opinion by Judge NEY.

Plaintiffs, Wheatridge Lumber Company Inc. and Charles F. Potuzak (Wheatridge), appeal a summary judgment entered in favor of defendant, Valley Water District. We reverse.

The issue on appeal is whether the trial court erred in dismissing plaintiffs' claims on summary judgment by concluding that the Water District owed no duty to plaintiffs because the plaintiffs' property was not within the District boundaries.

It is undisputed...

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