COLUMBINE VALLEY M. I. & M. A. v. BOARD OF CO. COM'RS

No. 22985.

478 P.2d 312 (1970)

COLUMBINE VALLEY MUTUAL IMPROVEMENT AND MAINTENANCE ASSOCIATION, also known as Columbine Valley Home Owners Association, a Non-Profit Colorado Corporation, the Town of Columbine Valley, a Municipal Corporation of the State of Colorado, Thomas G. Dorough, William A. Newton, A. J. Chisholm, J. Everett Collier, and Peter D. Smythe, Plaintiffs in Error, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, John V. Christensen, Vincent McMillen, John Nicholl, Commissioners, Bertha Ellen Olsen, Robert J. Olsen, Ingmar Olsen, Leo W. Olsen, Ingmar John Olsen, Cooley Gravel Company, an Indiana Corporation, Defendants in Error.

Supreme Court of Colorado, In Department.

December 21, 1970.


Attorney(s) appearing for the Case

Simon, Kelley, Hoyt & Malone, William K. Malone, Englewood, for plaintiffs in error.

Yegge, Hall, Treece & Evans, Raymond J. Connell, Denver, Shivers & Banta, Mark O. Shivers, Jr., Englewood, for defendants in error.


DAY, Justice.

Plaintiffs in error, who were plaintiffs in the trial court, are in this court seeking to reverse a summary judgment dismissing their claim.

The trial court assigned as its reason for the dismissal that the plaintiffs were guilty of laches. In this writ of error it was asserted by the plaintiffs that laches is an affirmative defense which must be affirmatively pleaded under C.R.C.P. 8, and further that the inaction of the plaintiffs in...

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