PAGEL v. GISI

No. 17552.

286 P.2d 636 (1955)

Carl C. PAGEL, Plaintiff in Error, v. Gerald GISI, Cecil J. Curtis, Oliver P. Ozman, Alonzo Beethe, Gordon Arthur, Carol Phillips, Jay Andrews, W. A. Hague, Victor Weickum, in their own behalf, and in behalf of all other persons similarly situated; Carl J. Hoch and Arnold B. Hoch; and William E. Shepherd and Lola J. Shepherd, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 22, 1955.


Attorney(s) appearing for the Case

Francis A. Benedetti, Yuma, for plaintiff in error.

Grutter & Callahan, Wray, for defendants in error, William E. Shepherd and Lola J. Shepherd.

Thompson & Ozman, Yuma, for defendants in error, Gerald Gisi, Cecil J. Curtis, Oliver P. Ozman, Alonzo Beethe, Gordon Arthur, Carol Phillips, Jay Andrews, W. A. Hague, Victor Weickum, Carl J. Hoch and Arnold B. Hoch.


KNAUSS, Justice.

These parties appeared in reverse order in the trial court and are hereafter referred to as there, or by name.

This is a class action brought by plaintiffs, who are owners of certain lots in the Hoch Park Addition to the town of Yuma, Colorado to enforce a general plan of restriction as to the use of the land in said addition. By their complaint plaintiffs alleged that a house trailer parked upon a lot belonging to defendant Pagel violated...

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