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HARGREAVES v. SKRBINA

No. 79CA0244.

635 P.2d 221 (1981)

Richard E. HARGREAVES; John M. Harrison; Harlan Wagoner; John Haley; H & H Quality Enterprise Inc., a Colorado Corporation; Longmont Home Improvement, Inc., a Colorado Corporation; and Longmont Soil Conservation District, Plaintiffs-Appellants and Cross-Appellees, v. Phil G. SKRBINA; Phil G. Skrbina, Inc., a Colorado Corporation; the City of Longmont, a Colorado Municipal Corporation, Defendants-Appellees, and Kenneth A. Williamson; Connie S. Williamson, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 28, 1981.

Certiorari Granted October 5, 1981.

Attorney(s) appearing for the Case

French & Stone, Joseph C. French, Robert W. Stone, Gary S. Mallo, Boulder, for plaintiffs-appellants and cross-appellees.

No appearance for defendants-appellees Phil G. Skrbina and Phil G. Skrbina, Inc.

Yegge, Hall & Evans, David R. Brougham, Denver, Schey & Schey, Walter J. Hopp, Longmont, for defendant-appellee The City of Longmont.

John G. Canny, Denver, for defendants-appellees and cross-appellants Kenneth A. Williamson and Connie S. Williamson.

COYTE, Judge.

Plaintiffs appeal the judgment of the trial court denying them mandatory injunctive relief. Defendants Williamson cross-appeal on the issue of the trial court's award of mandatory injunctive relief as to the drainage system and of damages to plaintiffs' fence. We affirm in part and reverse in part.

Our examination of the record reveals support for the following pertinent findings of the trial court. Plaintiffs, property owners in the City of...

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