OLINER v. CITY OF ENGLEWOOD

No. 78-803.

593 P.2d 977 (1979)

Herman OLINER, Bess Oliner, and Robert Oliner, Plaintiffs-Appellants, v. CITY OF ENGLEWOOD, Colorado, a Municipal Corporation, Defendant-Appellee.

Colorado Court of Appeals.

Rehearing Denied February 15, 1979.

Certiorari Denied April 23, 1979.


Attorney(s) appearing for the Case

Hobbs & Waldbaum, P. C., Leonard N. Waldbaum, Douglas B. Koff, Denver, for plaintiffs-appellants.

Bernard v. Berardini, City Atty., Rick DeWitt, Asst. City Atty., Englewood, for defendant-appellee.


COYTE, Judge.

Plaintiffs sought to have their lease and option agreement with the City of Englewood declared void on the grounds that the option provision violated the rule against perpetuities. From an adverse summary judgment plaintiffs appeal, and we affirm.

Paragraph 8 of the lease agreement entered into on June 16, 1969, provided:

"From and after March 1, 1990, Lessee shall, at its exclusive option, have the right to purchase the property described...

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