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ATCHISON v. CITY OF ENGLEWOOD

No. 71-012.

492 P.2d 885 (1971)

Alfred P. ATCHISON and Ida Mae Atchison, Plaintiffs-Appellants, v. The CITY OF ENGLEWOOD, a municipal corporation, and the Martin Marietta Corporation, a Maryland corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 7, 1971.

Certiorari Granted February 7, 1972.

Attorney(s) appearing for the Case

Ralph A. Cole, Thomas C. Singer, William O. Perry, Denver, for plaintiffs-appellants.

Bernard Beradini, John A. Criswell, Englewood, for The City of Englewood, defendant-appellee.

Dawson, Nagel, Sherman & Howard, Raymond J. Turner, Denver, for The Martin Marietta Corp., defendant-appellee.

Selected for Official Publication.

PIERCE, Judge.

The primary issue presented in this appeal is whether a judgment in an action solely for declaratory judgment is res judicata in a subsequent suit between the same parties for coercive relief.

The facts giving rise to this appeal are as follows: In January 1949, the Atchisons (plaintiffs) sold approximately 2,500 acres of land to the City of Englewood (City). The property was conveyed to the City by...

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