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GLADIN v. VON ENGELN

No. 81CA0308.

651 P.2d 905 (1982)

James F. GLADIN, Plaintiff-Appellant and Cross-Appellee, and Faye J. Gladin, Plaintiff, v. R. D. VON ENGELN, individually and as General Partner of Interstate Eighth Street Company, a limited partnership, Interstate Eighth Street Company, a limited partnership and the City of Colorado Springs, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearings July 1, 1982.

Certiorari Denied September 7, 1982.

Attorney(s) appearing for the Case

Cleveland, Wengler & Robbins, Edward D. Cleveland, Colorado Springs, for plaintiff-appellant and cross-appellee.

Bennett & Wills, Matthew B. Wills, Colorado Springs, for defendants-appellees and cross-appellants R. D. Von Engeln and Interstate Eighth Street Co.

Horn, Anderson & Johnson, Gregory L. Johnson, Colorado Springs, for defendant-appellee and cross-appellant City of Colorado Springs.

STERNBERG, Judge.

This is an appeal of an order of the district court denying plaintiff's motion for an award of damages. We affirm in part, reverse in part, and remand for further proceedings.

This case had its inception in 1973, when improved real property owned by Gladin and his then wife sustained damage by removal of lateral support of adjacent property. Gladin sued the defendants, owners of the adjoining land. Following a jury trial, judgment was entered...

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