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SRB v. BOARD OF CTY. COM'RS, CTY. OF LARIMER

No. 78-1131.

601 P.2d 1082 (1979)

Grace SRB, Individually and as administratrix or personal representative of the Estate of Hugo F. Srb, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS, COUNTY OF LARIMER, and Richard D. Lamm, Governor of the State of Colorado, State of Colorado and State of Colorado Department of Health, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 2, 1979.

Certiorari Granted October 9, 1979.

Attorney(s) appearing for the Case

Fischer & Wilmarth, Elery Wilmarth, Allen R. Schwartz, Fort Collins, for plaintiff-appellant.

Harden, Napheys, Schmidt & Hass, George Hass, Fort Collins, for defendant-appellee Board of County Commissioners.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Vicki J. Fowler, Asst. Atty. Gen., Denver, for defendants-appellees Richard D. Lamm, State of Colorado and State of Colorado Department of Health.

VAN CISE, Judge.

Plaintiff, Grace Srb, appeals from the order of the trial court granting the summary judgment motions of the defendants, Larimer County Board of County Commissioners, Richard D. Lamm, State of Colorado, and Colorado Department of Health. We reverse.

On July 31 and August 1, 1976, a disastrous flood ravaged the Big Thompson Canyon, west of Loveland, Colorado. Defendant owned certain real property located in the Big Thompson Canyon. Upon that...

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