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GLADIN v. VON ENGELN

No. 78-587.

590 P.2d 76 (1978)

James F. GLADIN and Faye J. Gladin, Plaintiffs-Appellees, v. R. D. VON ENGELN, Individually and as General Partner of Interstate Eighth Street Company, a Limited Partnership, and Interstate Eighth Street Company, a Limited Partnership, Defendants, The City of Colorado Springs, a Municipal Corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 24, 1978.

Certiorari Granted January 29, 1979.

Attorney(s) appearing for the Case

Cleveland & Wengler, Edward D. Cleveland, Colorado Springs, for plaintiffs-appellees.

Gordon D. Hinds, City Atty., Horn, Anderson & Johnson, Louis Johnson, Colorado Springs, for defendant-appellant.

VanCISE, Judge.

In this action for damages and for an injunction arising out of the subsidence of real property belonging to the plaintiffs, the Gladins, a judgment against the defendants, jointly and severally, for $70,000 plus interest and costs was entered on a jury verdict. The court also issued a mandatory injunction requiring the defendants to restore lateral support to the plaintiffs' land. The verdict against the City of Colorado Springs was based on a finding...

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